MICHIGAN TRUST AND ESTATE LITIGATORS AND ADVOCATES
Probating an estate or administering a trust can be complicated even when everything goes smoothly. When a trustee, personal representative, family member, or other person is unresponsive, withholding information, mismanaging assets, or making suspicious financial decisions, the process can quickly become overwhelming.
The loss of a family member is difficult enough. You should not also have to wonder whether trust or estate assets are being properly protected, whether money has gone missing, or whether someone entrusted with managing those assets is putting their own interests ahead of the beneficiaries.
We represent clients in Michigan trust, estate, and probate administrations and disputes, including matters involving complex financial transactions, unresponsive trustees, suspicious transfers, missing assets, breaches of fiduciary duty, undue influence, and other alleged financial misconduct.
You do not need to know exactly what went wrong before speaking with an attorney.
Many clients first contact us because something simply does not make sense.
Contact attorney Matthew Hanley at 231-486-6556 for a complimentary consultation.
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Questions?
Trust and Estate Disputes We Handle
Problems involving trusts and estates can take many forms. Sometimes the warning sign is a trustee who simply stops communicating. In other cases, beneficiaries discover unexplained transactions, missing property, unusual payments, or transfers that occurred shortly before or after a family member's death.
We have experience with cases involving:
Trustees who refuse to respond or provide information
Failure to provide beneficiaries with trust accountings, records, or financial information
Favoring one beneficiary over another
Theft, misappropriation, or disappearance of trust or estate funds
Suspicious transfers of money or property
Commingling trust or estate assets with a trustee's personal assets
Failure to obtain fair value when selling trust or estate property, including real estate
Negligent management, maintenance, or dissipation of assets
Abuse of a financial or medical power of attorney
Excessive or improper trustee compensation
Undisclosed conflicts of interest and self-dealing
Breaches of fiduciary duty by trustees and estate representatives
Trusts or other documents created when a person may have lacked sufficient mental capacity
Undue influence involving a will, trust, amendment, beneficiary designation, or transfer of property
Mismanagement by a guardian or conservator
Every case is different. The first step is often determining exactly what happened and what information is needed to evaluate whether someone has acted improperly.
Is a Trustee Withholding Information or Mismanaging Assets?
Beneficiaries do not always know exactly what is wrong when they first contact an attorney. Often, they simply know that something does not make sense.
Why won't the trustee provide an accounting?
Why aren't my questions being answered?
Why was property sold for less than expected?
Why did one family member receive substantial transfers before a death?
Why are assets or accounts that I expected to see missing?
Why is the trust or estate taking so long to administer?
Why is the trustee paying himself or herself substantial amounts of money?
Why does the trustee appear to be personally benefiting from decisions involving the trust?
Questions like these may require more than simply reading a will or trust. Financial records, property transactions, bank statements, accountings, tax records, communications, and the conduct of the people responsible for managing the assets may need to be examined.
Our experience with financial investigation and Michigan probate litigation helps us identify the important facts, determine what remedies may be available, and develop an appropriate strategy for resolving the dispute.
Trustee Misconduct and Breach of Fiduciary Duty
A trustee is entrusted with significant responsibility over property that ultimately benefits other people. Disputes can arise when beneficiaries believe a trustee has failed to properly administer the trust, has put personal interests ahead of the trust or its beneficiaries, or has failed to provide information necessary for beneficiaries to understand what is happening.
Potential concerns may include unexplained expenditures, conflicts of interest, self-dealing, improper distributions, excessive compensation, failure to maintain records, failure to provide appropriate information or accountings, or transactions that appear to benefit the trustee or related parties.
Not every disagreement with a trustee constitutes misconduct. The terms of the trust and the particular facts matter. When serious questions arise, however, beneficiaries may need legal assistance to obtain information, investigate the trustee's conduct, and determine whether court intervention is appropriate.
Missing Money, Suspicious Transfers, and Estate Assets
Some trust and estate disputes are fundamentally financial investigations.
A beneficiary may discover that an account contains substantially less money than expected. Real estate may have been transferred or sold under unusual circumstances. Bank withdrawals may be unexplained. A family member may have received significant gifts or transfers while an elderly or vulnerable person was declining physically or mentally.
These situations can raise difficult questions:
Where did the money go? Who authorized the transaction? Who benefited from it? Was the transfer legitimate? Did the person making it understand what was happening? Did someone with a power of attorney or other position of trust misuse that authority?
Answering those questions can require careful examination of financial records, estate planning documents, property records, communications, and the circumstances surrounding the transactions.
Our experience investigating complex financial matters can be particularly important when a trust or estate dispute involves allegations of missing assets, improper transfers, self-dealing, or financial exploitation.
Will and Trust Contests: Undue Influence and Lack of Capacity
Disputes can also arise over whether a will, trust, amendment, beneficiary arrangement, or other estate planning decision actually reflected the person's intentions.
A change in an estate plan—particularly one made late in life, during illness, or while one person had substantial control or influence over the individual—may raise questions about undue influence or mental capacity.
These cases are highly dependent on the facts. Relevant evidence may include medical information, financial records, communications, witnesses, the person's relationship with family members, and the circumstances surrounding the execution or modification of estate planning documents.
We represent clients in disputes involving allegations of undue influence, lack of capacity, and other challenges concerning wills, trusts, and transfers of property.
Abuse of Powers of Attorney
A power of attorney can give another person substantial authority over someone's finances, property, or other important decisions.
Problems can arise when that authority is allegedly used for the agent's own benefit rather than for the person who granted the authority. Concerns may involve unusual withdrawals, gifts, transfers of property, changes in financial arrangements, payments to family members, or other transactions occurring while the person granting the power of attorney was elderly, ill, or dependent upon others.
We assist clients in investigating and litigating disputes involving alleged misuse or abuse of powers of attorney.
Representing Both Beneficiaries and Fiduciaries
Trust and estate litigation is not limited to claims brought by beneficiaries.
Trustees, personal representatives, guardians, conservators, and others serving in fiduciary roles can face accusations of wrongdoing or disputes concerning how they have administered property.
A fiduciary may be accused of withholding information, making improper distributions, charging excessive fees, mishandling investments, favoring a beneficiary, or otherwise breaching a legal duty—even when the fiduciary believes the decisions were appropriate.
We advise and represent both beneficiaries seeking to protect their interests and fiduciaries who need guidance or a defense when their decisions are challenged.
Probate Litigation in Northern Michigan
We regularly litigate probate matters in Grand Traverse, Leelanau, Antrim, Benzie, Wexford, Emmet and other Northern Michgian Counties and have direct, face-to-face experience with the local court system.
Trust and estate disputes often involve a combination of Michigan probate law, financial records, family history, witness testimony, and difficult factual questions. Our experience investigating and litigating these issues allows us to identify the issues that matter and advocate effectively for our clients.
We represent clients in trust and estate disputes in Traverse City, Grand Traverse County, Leelanau County, Benzie County, and throughout Northern Michigan, as appropriate for the particular matter.
Frequently Asked Questions About Michigan Trust and Estate Disputes
What can I do if a Michigan trustee will not provide information?
A beneficiary who is having difficulty obtaining information from a trustee may have legal options. The appropriate response depends upon the trust, the information being withheld, the trustee's conduct, and the circumstances of the administration.
When a trustee repeatedly refuses to communicate or provide appropriate records or accountings, an attorney can review the situation and advise the beneficiary about potential next steps.
What if I suspect a trustee is taking money from a trust?
Suspicious withdrawals, unexplained transfers, missing assets, payments to a trustee or related parties, and commingling of trust assets with personal funds can warrant further investigation.
Financial records, trust accountings, bank statements, property records, and other information may help determine what happened and whether legal action is appropriate.
Can a trustee favor one beneficiary over another?
The answer depends upon the terms of the trust and the circumstances. Not every trust requires identical treatment of every beneficiary, and differences in distributions are not necessarily evidence of wrongdoing.
If you believe a trustee is improperly favoring another beneficiary or making decisions for personal reasons, the trust document and the trustee's actions should be carefully reviewed.
Can a Michigan trustee be removed?
Michigan probate courts can address disputes concerning trustees, and removal may be available in appropriate circumstances. Whether removal is justified depends upon the facts, the terms of the trust, and applicable Michigan law.
Depending on the circumstances, other remedies may also be available.
Can I challenge a will or trust because of undue influence?
Potentially. Disputes can arise when there is evidence that someone improperly influenced a person in connection with a will, trust, amendment, beneficiary arrangement, or transfer of property.
These cases are highly fact-specific and may involve medical evidence, financial records, witnesses, communications, relationships among the parties, and the circumstances surrounding changes to an estate plan.
What does lack of capacity mean in a will or trust dispute?
Capacity generally concerns whether a person possessed the legally required mental ability when executing a particular document or transaction.
A diagnosis, advanced age, or cognitive impairment does not necessarily resolve the legal question by itself. The person's condition and circumstances at the relevant time can be particularly important.
What if estate or trust property was sold for less than it was worth?
A sale of real estate, business interests, investments, or other valuable property may raise questions if a fiduciary failed to obtain fair value, had an undisclosed conflict of interest, sold property to a related person, or otherwise failed to properly protect the estate or trust.
The transaction and the fiduciary's decision-making may need to be investigated before determining whether any legal remedy is appropriate.
Do all trust and estate disputes have to go to court?
No. Some disputes can be resolved through communication, the production of records, negotiation, or an agreement among the interested parties.
Other disputes require probate court proceedings. An important part of evaluating a trust or estate dispute is determining which approach makes sense given the facts, the assets involved, the conduct at issue, and the client's objectives.
Talk With a Michigan Trust and Estate Litigation Attorney
If money is missing, a trustee will not provide information, trust or estate assets appear to have been mishandled, or you are facing another serious probate dispute, obtaining legal advice can help you understand what options may be available.
You do not necessarily need to know exactly what went wrong before contacting an attorney. Part of our role is helping clients investigate the circumstances, identify the relevant information, and determine the appropriate next step.
Likewise, if you are a trustee, personal representative, guardian, conservator, or other fiduciary facing accusations or a developing dispute, obtaining advice early can help you understand your responsibilities and protect your interests.
If you are a beneficiary, trustee, personal representative, or other interested person involved in a Michigan trust or estate dispute, contact attorney Matthew Hanley at 231-486-6556 for a complimentary consultation.