Trust Administration
Being named the successor trustee of a loved one's trust is an honor and a real legal responsibility. After the person who created the trust passes away, the trustee has duties under Michigan's Trust Code, and getting them wrong can lead to disputes or personal liability. We guide trustees through the process so you can carry out the trust correctly and confidently.
What a trustee has to do
When a trust becomes irrevocable (usually at the settlor's death), Michigan law requires the trustee to, among other things:
- Notify the beneficiaries — generally within 63 days of the trust becoming irrevocable, including their right to request the trust's terms.
- Identify, protect, and value the trust assets, keeping them separate from your own.
- Pay valid debts, expenses, and taxes before distributing.
- Account to the beneficiaries — provide a report of assets, receipts, disbursements, and distributions, at least annually and at termination.
- Distribute the assets to the right people, at the right time, exactly as the trust directs.
Throughout, a trustee must act in good faith, loyally, and impartially — solely in the beneficiaries' interests.
Why work with us
The duties above carry real deadlines and real exposure. A proper, timely accounting, for example, not only keeps beneficiaries informed; it can start the clock that limits how long they have to bring a claim against you. We help trustees handle notices, accountings, and distributions correctly, communicate with beneficiaries, and head off disputes before they start. And when a trustee acts on the advice of counsel, that's part of what protects them.
Frequently Asked Questions
I was named successor trustee. Where do I start?
Start by securing the trust document and the assets, then talk to an attorney about the required notices and deadlines before making any distributions.
Do I have to give beneficiaries an accounting?
Generally yes. Michigan trustees must keep qualified beneficiaries reasonably informed and provide periodic reports of the trust's finances.
Can a trustee be held personally liable?
Yes, for breaches of duty like self-dealing, failing to account, or improper distributions. Doing it right, and documenting it, is the best protection.