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נבדק מול חוקי מישיגן בתאריך 2026-10-10. מידע כללי, לא ייעוץ משפטי; הנוסח הרשמי קובע.

Article I, Parts 2, 3 and 5: Fiduciary duties, the probate court's jurisdiction and the prudent investor rule

MCL 700.1212 ↗ Fiduciary relationship: A fiduciary stands in a position of confidence and trust toward each beneficiary and owes undivided loyalty, impartiality among beneficiaries, care and prudence, and segregation of the property held in the fiduciary capacity, investing under the Michigan prudent investor rule; a fiduciary does not disclose facts about the property or the affairs of those it serves except as the section allows.
MCL 700.1302 ↗ Exclusive subject matter jurisdiction: The probate court has exclusive legal and equitable jurisdiction of a proceeding that concerns the validity, internal affairs or settlement of a trust, its administration, distribution, modification, reformation or termination, or the declaration of rights involving a trust, trustee or trust beneficiary, among the other matters the section lists.
MCL 700.1502 ↗ Prudent investor rule: A fiduciary invests and manages assets as a prudent investor would, considering the purposes, terms and distribution requirements of the governing instrument and the other circumstances, with reasonable care, skill and caution. The rule is a default the governing instrument may expand, restrict, eliminate or alter.
MCL 700.1510 ↗ Delegation of investment and management functions: A fiduciary may delegate investment and management functions, exercising reasonable care, skill and caution in selecting the agent, setting the scope and terms of the delegation and periodically reviewing the agent's actions; a fiduciary who does so is not liable for the agent's decisions, and the agent owes the fiduciary estate reasonable care.

Article VII, Part 1: General provisions and definitions

MCL 700.7103 ↗ Definitions: Defines the trust code's terms — among them a "qualified trust beneficiary", a beneficiary the settlor intends to benefit as a material purpose who is a distributee or permissible distributee, would be one if those interests ended, or would be one if the trust ended (and, only if no beneficiary meets that test, any beneficiary in those positions); "revocable"; "settlor"; "discretionary trust provision"; "support provision"; and "trust beneficiary".
MCL 700.7105 ↗ Provisions of law prevailing over terms of trust: The trust's terms prevail over the trust code except for the mandatory rules it lists: the requirements for creating a trust, the duty to administer in good faith subject to the directed- and separate-trustee sections, a lawful purpose, the duration limits, the court's powers to modify, terminate, set bond and adjust compensation, the effect of spendthrift and discretionary provisions on creditors, the duties to notify and give information except during a nondisclosure period, the limits on exculpation, third parties' protections, limitation periods and the court's jurisdiction.
MCL 700.7107 ↗ Governing law: The meaning and effect of a trust's terms are determined by the law of the jurisdiction the terms designate, unless that is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter, and otherwise by the law of the jurisdiction having the most significant relationship to the matter.
MCL 700.7108 ↗ Principal place of administration: The terms' designation of a principal place of administration controls where a trustee or trust director is there or part of the administration occurs; a trustee has a continuing duty to administer at a suitable place and may transfer it after written notice to the qualified trust beneficiaries at least 63 days before, with five stated contents including a conspicuous objection date at least 63 days after the notice; a timely written objection ends the trustee's authority to transfer without the court.
MCL 700.7109 ↗ Notice; methods; waiver: Notice or a document is sent in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the last known residence or place of business, or a properly directed and identified facsimile or electronic message; a person whose identity or location is not reasonably ascertainable need not be notified; notice may be waived in writing.
MCL 700.7111 ↗ Nonjudicial settlement agreement: Interested persons may enter into a binding nonjudicial settlement agreement on any matter involving a trust, valid only to the extent it does not violate a material purpose and contains terms a court could approve; it may not be used to terminate or modify the trust, and any interested person may ask the court to approve it.

Article VII, Parts 2 and 3: Judicial proceedings and representation

MCL 700.7201 ↗ Role of court in administration of trust: A court intervenes in a trust's administration only to the extent an interested person invokes its jurisdiction or the law provides; a trust is not under continuing court supervision unless the court orders it, and registration or another proceeding does not make it so.
MCL 700.7209 ↗ Registration of trust: The trustee of a trust administered in Michigan may register it with the court at the place the terms designate or the principal place of administration — the trustee's usual place of business where the trust records are kept, or the trustee's residence — with rules for cotrustees and corporate trustees.
MCL 700.7301 ↗ Representation; effect: Notice to a person who may represent and bind another under the representation part has the effect of notice to the person represented, and that person's consent binds the person represented unless the latter objects in time; a settlor may not represent a beneficiary in the modification or termination of a trust.

Article VII, Part 4: Creation, validity, modification, and termination of trust

MCL 700.7401 ↗ Creating trust; methods: A trust may be created by transferring property to a trustee during life or at death, by an owner's declaration of holding identifiable property as trustee, by exercising a power of appointment in favor of a trustee or the section 7820a power, or by a promise whose rights are held in trust for a third person; an instrument is not invalid because property was not transferred when it was signed.
MCL 700.7402 ↗ Creating trust; requirements: A trust is created only if the settlor has capacity and indicates an intention to create it, it has a definite beneficiary or is a charitable, animal-care or permitted purpose trust, the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary.
MCL 700.7407 ↗ Evidence of oral trust: Except as another statute requires, a trust need not be evidenced by a trust instrument, but an oral trust and its terms may be established only by clear and convincing evidence.
MCL 700.7409a ↗ Trusts with nondisclosure period: Where a noncharitable trust's instrument clearly expresses the settlor's intent to withhold the trust's existence, the trustee's identity, its terms or its property from beneficiaries, the trustee may follow it during a nondisclosure period of at most 25 years from the later of the first funding and the end of revocability; holders of the instrument's nondisclosure rights or protection powers receive the 63-day notices, and at the period's end the ordinary notices follow as if the trustee had accepted that day.
MCL 700.7410 ↗ Modification or termination of trust; procedures for approval or disapproval: A trust terminates to the extent it is revoked or expires under its terms, no purpose remains to be achieved, or its purposes have become impossible to achieve or are found unlawful or contrary to public policy; the trustee or a qualified trust beneficiary may ask the court to confirm a termination or approve or disapprove a modification or termination.
MCL 700.7411 ↗ Modification or termination of noncharitable trust by consent: A noncharitable irrevocable trust may be modified or terminated by the court on the consent of the trustee and the qualified trust beneficiaries where consistent with its material purposes, on the consent of the qualified trust beneficiaries and a person the terms empower to approve, or by a person the terms authorize, as the section provides, with rules for a settlor's consent.
MCL 700.7412 ↗ Modification or termination; unanticipated circumstances or inability to administer effectively: The court may modify a trust's administrative terms where continuing them would be impracticable or wasteful or impair administration, and may modify its administrative or dispositive terms or terminate it where circumstances the settlor did not anticipate mean doing so furthers the settlor's stated purpose or probable intention.
MCL 700.7414 ↗ Termination or modification of an uneconomic noncharitable trust: After 63 days' notice to the qualified trust beneficiaries (and the Attorney General for a charitable trust), the trustee of a trust whose property is worth less than $50,000, adjusted each year, may terminate it if the trustee concludes the value does not justify the cost of administration; the court may also modify or terminate an uneconomic trust.

Article VII, Part 5: Creditor's claims; spendthrift, support, and discretionary trusts

MCL 700.7502 ↗ Spendthrift provision: A spendthrift provision is valid and enforceable; a term holding a beneficiary's interest subject to a "spendthrift trust" restrains both voluntary and involuntary transfer; except as the exceptions provide, the interest may not be transferred and trust property is not subject to a judgment until it is distributed.
MCL 700.7503 ↗ Trust for support: A beneficiary's interest subject to a support provision may not be transferred and is not subject to a judgment until distributed; after distribution, it may be reached only to the extent it is not needed for the beneficiary's health, education, support or maintenance.
MCL 700.7504 ↗ Spendthrift or support provision; exceptions: An interest subject to a spendthrift or support provision may be reached by a beneficiary's child or former spouse with a judgment for support or maintenance, by a judgment creditor who enhanced, preserved or protected the beneficiary's interest, and by the state or the United States as their law provides, as the section states.
MCL 700.7505 ↗ Discretionary trust; effect of standard; right of transferee or creditor: A transferee or creditor of the beneficiary of a discretionary trust provision has no right to an amount of income or principal that may be distributed only in the trustee's discretion, and the property is not subject to a judgment until it is distributed to the beneficiary.
MCL 700.7506 ↗ Creditor's claim against settlor: During the settlor's lifetime a revocable trust's property is subject to the settlor's creditors; after the settlor's death a trust the settlor could revoke answers for expenses, claims and allowances as section 7605 provides; a creditor of the settlor of an irrevocable trust may reach the most that can be distributed to the settlor, subject to the section's exceptions.
MCL 700.7507 ↗ Overdue distribution: Whatever the spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution, including one on termination, that the trustee has not made within a reasonable time after its date.
MCL 700.7508 ↗ Personal obligations of trustee: Trust property is not subject to the trustee's personal obligations, even if the trustee becomes insolvent or bankrupt.

Article VII, Part 6: Revocable trusts

MCL 700.7602 ↗ Revocation or amendment of revocable trust: For a trust instrument executed on or after April 1, 2010, the settlor may revoke or amend a trust unless its terms expressly make it irrevocable; the section sets the rules for several settlors and for community property, how revocation or amendment is made, and the trustee's duty to deliver the property as the settlor directs on revocation.
MCL 700.7603 ↗ Powers of settlor; settlor as incapacitated individual; actions by predecessor trustee: While a trust is revocable, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, except that a trustee who reasonably believes the settlor is incapacitated keeps the settlor's designated agent — or, if none or the sole agent is a trustee, the would-be qualified trust beneficiaries — informed; a successor to a trustee who was also the settlor is not liable for the settlor's actions as trustee and has no duty to investigate them.
MCL 700.7604 ↗ Proceeding to contest validity of revocable trust; limitation: A trust that was revocable at the settlor's death may be contested within the earlier of 2 years after the death and 6 months after the trustee sends a notice of the trust's existence, the instrument's date, known amendments' dates, the relevant terms, the settlor's and trustee's names and the time allowed, with a special period for an undisclosed trust; the trustee may distribute unless it knows of a pending contest or a contest is begun within 63 days after a contestant's written notice of it.
MCL 700.7605 ↗ Liability of trust for expenses, claims, and allowances: Property of a trust the settlor could revoke at death is subject to the estate's administration expenses, enforceable and timely presented claims, including funeral and burial expenses, and the homestead, family and exempt property allowances, but only to the extent the probate estate is insufficient; retirement-plan trusts and the property the section lists are excluded.
MCL 700.7606 ↗ Payment of expenses and obligations of settlor's estate; duty of trustee: The trustee pays the personal representative the amount the representative certifies in writing for those expenses, claims and allowances, and may rely on the certificate; without a personal representative, the trustee pays a timely served claim directly, and no allowance is payable from the trust if no representative is appointed within 4 months after the notice to creditors is published; the section sets the order in which trust property is used.
MCL 700.7607 ↗ Payment of expenses and obligations; priority: Sets the rules of abatement among the trust's distributions when property is used for the settlor's estate, and how the liability is shared where the decedent was the settlor of more than one trust.
MCL 700.7608 ↗ Duty of trustee to give notice: Where no personal representative has letters, so that the estate's publication and notice to creditors have not been given, each trustee of a trust the settlor could revoke publishes and serves a notice to creditors in the manner, with the duties and with the protection the code gives a personal representative, naming the deceased settlor, the trust, its date, each trustee's name and address, any attorney and the date of publication.
MCL 700.7609 ↗ Presentation of claims against trust: After a trustee's notice to creditors, a claimant presents a claim against the trust by a written statement to the trustee giving its basis, the claimant's name and address and the amount, or by commencing a proceeding within the time for presenting it; where a personal representative is appointed, a claim presented against the estate suffices.
MCL 700.7610 ↗ Presentation of claims; time limitation: A claim against the settlor that arose before death is barred against the trust, the trustee and the beneficiaries unless presented within 4 months after a compliant notice to creditors is published — for a creditor known then or within those months, within the later of 28 days after notice is sent and the 4 months — or, if no compliant notice was given, within 3 years after the death; liens, insured claims and administration costs are excepted.
MCL 700.7611 ↗ Allowance or disallowance of claims against revocable trust: Where the trustee gave the notice to creditors and no personal representative is appointed, a claim the trustee disallows in a notice warning of the bar is barred unless the claimant begins a proceeding within 63 days after the notice is mailed; the trustee's failure to act within 63 days after the presentation period ends is an allowance, and an allowed claim bears interest from then.

Article VII, Part 7: Office of trustee

MCL 700.7701 ↗ Acceptance or rejection of trusteeship: A designated trustee accepts by substantially complying with the terms' method of acceptance or, where that method is not exclusive, by accepting delivery of trust property, exercising powers, performing duties or otherwise indicating acceptance; a designee who does not accept within a reasonable time after knowing of the designation is deemed to reject; preserving property, inspecting it and the stated emergency powers are not acceptance.
MCL 700.7702 ↗ Trustee's bond: A trustee gives bond only if the court finds it is needed to protect the beneficiaries or the terms require it and the court has not dispensed with it; a financial institution qualified to do trust business in Michigan need not give bond.
MCL 700.7703 ↗ Cotrustees: Cotrustees act by majority decision and each participates in the trustees' functions unless unavailable or a function is properly delegated; a trustee may delegate to a cotrustee a power only a trustee can perform if the qualified trust beneficiaries are notified within 28 days, and a revocation is notified within 28 days; the section sets each trustee's care and a dissenting trustee's liability.
MCL 700.7703a ↗ Power of direction to trust director; duties and limitations of trust director and trustee: Michigan's directed-trust rules: where the terms give a trust director a power of direction, the directed trustee takes action to comply and is not liable for doing so, except where the direction was obtained by the trustee's collusion or fraud; the section excludes nonfiduciary powers, sets the director's fiduciary duties, information sharing and limits, and applies the office's rules to the director.
MCL 700.7703b ↗ Separate trustees: A trust instrument may divide the trusteeship into separate offices — investment, distributions and others — each separately accepted and allocated; separate trustees are not cotrustees of one another, and the section sets each office's duties, information, reports and liability.
MCL 700.7704 ↗ Vacancy in trusteeship; manner of filling: A vacancy occurs when a designated trustee rejects or cannot serve, a trustee resigns, is disqualified or removed or dies, or a guardian or conservator is appointed for an individual trustee; it need not be filled while a cotrustee remains, except a separate trusteeship; a noncharitable trust's vacancy is filled in the manner the terms designate, then by the court, and a charitable trust's with the designated charities' choice if the Attorney General concurs.
MCL 700.7705 ↗ Resignation of trustee: A trustee may resign on at least 28 days' notice to the qualified trust beneficiaries, the holders of powers of appointment and all cotrustees, or with the court's approval; resignation does not discharge the trustee's or the sureties' liability.
MCL 700.7706 ↗ Removal of trustee: The settlor, a cotrustee or a qualified trust beneficiary may ask the court to remove a trustee, or the court may act on its own; the court may remove for a serious breach of trust, cotrustees' lack of cooperation, unfitness, unwillingness or persistent failure to administer effectively, or a substantial change of circumstances, as the section states.
MCL 700.7707 ↗ Delivery of property by former trustee: Unless a cotrustee remains or the court orders otherwise, a trustee who resigned or was removed keeps the duties of a trustee and the powers needed to protect the property until it is delivered, and proceeds expeditiously to deliver it to the cotrustee, successor or other person entitled.
MCL 700.7708 ↗ Compensation of trustee: Where the terms do not specify it, a trustee is entitled to compensation that is reasonable under the circumstances; where they do, the specified compensation, which the court may raise or lower if the duties became substantially different or the amount is unreasonably low or high.
MCL 700.7709 ↗ Reimbursement of expenses; advance of money as lien: A trustee is reimbursed from the trust property, with interest as appropriate, for expenses properly incurred and, to prevent unjust enrichment, others; an advance of money for the trust's protection gives a lien on the property; such advances and reimbursement are not self-dealing.

Article VII, Part 8: Duties and powers of trustee

MCL 700.7801 ↗ Administration of trust; duties of trustee: On accepting a trusteeship, the trustee administers the trust in good faith, expeditiously, in accordance with its terms and purposes, for the benefit of the trust beneficiaries, and in accordance with the trust code.
MCL 700.7802 ↗ Duty of loyalty: A trustee administers the trust solely in the interests of the trust beneficiaries; a transaction for the trustee's own account, or affected by a substantial conflict between the trustee's fiduciary and personal interests, is voidable by an affected beneficiary unless the terms, the court, the beneficiary's consent or the other exceptions the section states apply; the section sets presumptions for transactions with the trustee's family and businesses and a disclosure for affiliated investments.
MCL 700.7803 ↗ Prudent administration; Michigan prudent investor rule: A trustee acts as a prudent person would in dealing with the property of another, following the Michigan prudent investor rule, and a trustee with special skills, or named for them, uses those skills.
MCL 700.7808 ↗ Settlor's power to direct contrary to trust terms: While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the trust's terms.
MCL 700.7810 ↗ Control and protection of trust property: A trustee takes reasonable steps to take control of and protect the trust property.
MCL 700.7811 ↗ Recordkeeping and identification of trust property: A trustee keeps adequate records of the administration, keeps trust property separate from the trustee's own, and has it designated so that the trust's interest appears in the records of a third party holding it, where feasible, subject to the exceptions the section states.
MCL 700.7812 ↗ Enforcement and defense of claims: A trustee takes reasonable steps to enforce the trust's claims and to defend claims against the trust.
MCL 700.7813 ↗ Duty to locate trust property and compel delivery; improper distribution; wrongful conversion: A trustee takes reasonable steps to locate trust property and to compel a former trustee or another person to deliver it; a departing trustee may keep a reasonable reserve for debts, taxes and expenses; a person who receives an improper distribution or payment returns it, and a person who wrongfully converts trust property is liable as the section states.
MCL 700.7814 ↗ Duty to inform and report: A trustee keeps the qualified trust beneficiaries reasonably informed and promptly answers a beneficiary's reasonable request for information; gives a copy of the terms that describe or affect a beneficiary's interest on request; notifies the qualified trust beneficiaries within 63 days after accepting the trusteeship and within 63 days after learning that the trust is irrevocable, and in advance of a change in compensation; and sends a report at least annually and at termination to the distributees and permissible distributees and to other beneficiaries who ask; a beneficiary may waive reports.
MCL 700.7815 ↗ Discretionary powers; abuse: A beneficiary of a discretionary trust provision has no property right in the discretionary interest; however broad the discretion, a trustee abuses it by acting dishonestly, with an improper motive, or without exercising judgment in accordance with the trust's terms and purposes; the section sets further rules for a trustee's exercise of discretion.
MCL 700.7816 ↗ General powers of trustee: Without the court, a trustee may exercise the powers the terms confer and, except as the terms limit, all powers over the trust property an unmarried competent owner has over individually owned property and any other powers appropriate to its investment, management and distribution, all subject to the trustee's fiduciary duties.
MCL 700.7817 ↗ Specific powers of trustee: Lists a trustee's specific powers beyond the general ones — among them to take possession and control of trust property, retain property under the Michigan prudent investor rule, receive property, deal with contracts, sell, lease, borrow, manage real property, settle claims, employ agents, pay taxes and expenses, and make distributions — each exercised subject to the trustee's duties.
MCL 700.7820a ↗ Distribution to a second trust (irrevocable trust with a discretionary trust provision): The trustee of an irrevocable trust with a discretionary trust provision may, unless the terms expressly provide otherwise, distribute property subject to it to a second trust whose terms do not materially change the beneficial interests, without the settlor's, the beneficiaries' or the court's consent, after written notice with a copy of the proposed instrument to the living settlors and the qualified trust beneficiaries at least 63 days before, which they may waive in writing.
MCL 700.7821 ↗ Distribution upon termination: On termination the trustee proceeds expeditiously to distribute the property to those entitled, keeping a reasonable reserve for debts, taxes and expenses; a proposal for distribution ends a beneficiary's right to object if no objection reaches the trustee within 28 days after it was sent, where the proposal stated the right and the time; a release obtained by improper conduct or without the material facts is invalid.

Article VII, Part 9: Liability of trustees and rights of persons dealing with trustee

MCL 700.7901 ↗ Remedies for breach of trust: A violation by a trustee of a duty owed to a beneficiary is a breach of trust; to remedy one that has occurred or may occur, the court may compel performance, enjoin a breach, compel redress, order an account, appoint a special fiduciary, suspend or remove the trustee, reduce or deny compensation, void an act, impose a lien or constructive trust, or trace the property.
MCL 700.7902 ↗ Breach of trust; liability; damages: A trustee who commits a breach of trust is liable to the affected beneficiaries for the larger of the amount needed to restore the trust property and distributions to what they would have been and the profit the trustee made by the breach.
MCL 700.7904 ↗ Attorney fees and costs: In a proceeding involving a trust's administration, the court may award costs and reasonable attorney fees, as justice and equity require, to a party who enhances, preserves or protects trust property; a trustee who participates in a proceeding in good faith is reimbursed its expenses from trust property, subject to the limits the section states.
MCL 700.7905 ↗ Commencement of proceedings; limitations: A beneficiary may not bring a proceeding for breach of trust more than 1 year after being sent a report that adequately disclosed the potential claim and stated the time allowed, or — having waived reports — more than 1 year after the end of the calendar year of the alleged breach; otherwise a proceeding is brought within 5 years after the trustee's removal, resignation or death, the end of the beneficiary's interest or the trust's termination.
MCL 700.7910 ↗ Personal liability of trustee; limitation: Unless a contract provides otherwise, a trustee is not personally liable on a contract properly made in the fiduciary capacity if the trustee revealed that capacity, and is personally liable for an obligation from owning or controlling trust property or a tort in the administration only if personally at fault.
MCL 700.7913 ↗ Certificate of trust: Instead of the trust instrument, a trustee may give a person other than a beneficiary a certificate of trust in the form of an affidavit stating the trust's name and date and each operative instrument's date, each current trustee's name and address, the trustee's powers for the purpose at hand, revocability and who may revoke, and cotrustees' signing authority, with a statement that the trust has not been changed so as to make it incorrect; a person relying on it in good faith is protected, and one who demands the instrument without a legal requirement may be liable.

מידע כללי על חוק מישיגן, לא ייעוץ משפטי.