Fiduciary Duties Attorney in Michigan

Being named an executor, trustee, guardian, or conservator is a serious responsibility. Many people accept the role out of love or loyalty to a family member without fully realizing what Michigan law requires of them. The duties are real, the legal exposure is real, and mistakes can carry significant personal consequences.

At Head Murphy Law, we work with fiduciaries across the Detroit area, including clients navigating Wayne County Probate Court, Oakland County Probate Court, and Macomb County Probate Court. Whether you were just appointed or have been serving for months and have questions, our attorneys can help you understand where you stand and what needs to happen next.

If someone who owed you money has died, your right to collect does not automatically disappear, but it can. Michigan probate law gives creditors a structured path to file claims against an estate and receive payment. It also sets strict deadlines. Miss them and you may lose the ability to recover anything at all.

At Head Murphy Law, we represent creditors, businesses, and personal representatives in probate creditor claim matters across the Detroit area, including Wayne, Oakland, and Macomb counties. Whether you are owed money and need to file a claim, or you are managing an estate and need to evaluate or push back against incoming claims, our attorneys can help you navigate the process before a deadline closes the door.

If you have a creditor claim or need to defend an estate against one, contact Head Murphy Law to schedule a consultation.

What Are Fiduciary Duties in Michigan?

A fiduciary is a person who is legally required to act in the best interests of someone else. In probate and estate matters, that usually means acting for the benefit of heirs, beneficiaries, or a protected individual, rather than for your own benefit.

The term “fiduciary duty” refers to the legal obligations that come with that role. These duties generally include:

Loyalty. You must put the interests of the beneficiaries ahead of your own.
Impartiality. Where multiple beneficiaries are involved, you generally cannot favor one over another without legal justification.
Prudence. Decisions involving estate or trust assets should be made carefully, with the same level of care a reasonable person would use when managing their own financial affairs.
Transparency. Beneficiaries and interested parties are typically entitled to information about what you are doing with assets under your control.
Segregation of assets. Estate or trust property must be kept separate from your personal finances.

Michigan’s Estates and Protected Individuals Code, commonly called EPIC, governs most of these obligations. The standards are not casual guidelines. A fiduciary who falls short may face personal liability, court action, or removal from the role entirely.

If you are unsure whether your actions meet the required standard, it is wise to speak with a fiduciary duties attorney in Michigan sooner rather than later.

Who Owes Fiduciary Duties in Probate and Estate Matters?

Several different roles carry fiduciary obligations in Michigan probate and estate proceedings. The specific duties vary depending on the position, but the underlying obligation to act in good faith and in the interest of others runs through all of them.

Personal Representatives (Executors): When someone dies with a will, the will typically names a personal representative, sometimes still called an executor, to manage the estate. If there is no will, or if the named person cannot serve, the court appoints someone. Either way, that person steps into a fiduciary role the moment they are appointed.
Trustees: A trustee manages assets held inside a trust. Unlike a personal representative, a trustee’s role may last for years or even decades, depending on the terms of the trust. The ongoing nature of trust administration makes the fiduciary obligations especially significant.
Guardians: A guardian is appointed by the probate court to make personal decisions for a minor child or an incapacitated adult. This includes decisions about housing, medical care, and day-to-day welfare. Guardians owe a duty of care to the person they are appointed to protect.
Conservators: A conservator manages the financial affairs and property of someone who cannot do so themselves, often due to age, illness, or disability. The conservator’s role is focused on the protected individual’s estate, not their personal care. That distinction matters because the financial accountability is substantial.

In some situations, one person may serve in more than one of these roles at the same time. Each role carries its own set of obligations, and the overlap can create complexity that is easy to underestimate.

Duties of Executors and Personal Representatives

When you are appointed as a personal representative in Michigan, you take on a legally defined set of responsibilities. Under Michigan law, a personal representative is a fiduciary who must settle and distribute the estate in accordance with the will and applicable law, doing so as efficiently as possible in the best interests of the estate.

In practical terms, the duties of a personal representative typically include:

Locating and securing assets. This means identifying all property, financial accounts, real estate, and personal belongings that belong to the estate.
Notifying creditors. Michigan law requires that creditors be given proper notice and an opportunity to submit claims against the estate.
Paying valid debts and expenses. Before any assets go to beneficiaries, outstanding debts, taxes, and administrative costs generally must be addressed.
Filing required tax returns. Depending on the size of the estate, state and federal tax obligations may apply.
Distributing assets to heirs and beneficiaries. This must follow the terms of the will, or Michigan’s intestacy laws if there is no will.
Keeping accurate records. A personal representative should document every financial transaction involving estate assets.

One thing people often miss: the personal representative role does not end when assets are distributed. Closing the estate properly, including filing final accountings and obtaining discharges where required, is part of the job.

Our probate administration team at Head Murphy Law assists personal representatives throughout the entire process, from the initial filing at the Wayne County or Oakland County probate court to the final closing of the estate.

Duties of Trustees

Trust administration in Michigan carries some of the most detailed and ongoing fiduciary obligations in estate planning and probate law. Unlike estate administration, which typically ends when assets are distributed, a trustee may need to manage trust property for years. That extended timeline creates more opportunities for things to go wrong.

Core trustee responsibilities generally include:

Administering the trust according to its terms. The trust document is the governing authority. A trustee who deviates from its instructions without legal justification may be personally liable for resulting losses.
Keeping trust assets separate. Commingling trust funds with personal accounts is one of the most common and serious mistakes a trustee can make.
Making prudent investment decisions. Michigan law generally requires trustees to invest and manage trust assets as a prudent investor would, taking into account the overall purpose of the trust.
Providing accountings to beneficiaries. Beneficiaries are typically entitled to periodic reports on trust activity, including income, expenses, and distributions.
Acting impartially. When a trust has both current beneficiaries and remainder beneficiaries, the trustee must balance the interests of both groups, not favor one at the expense of the other.
Avoiding conflicts of interest. A trustee who has a personal financial interest in a trust transaction may be engaging in self-dealing, which is a serious breach.

One of the more overlooked duties is the obligation to keep beneficiaries reasonably informed. Many trustees focus on the financial management side and overlook the communication requirements entirely. That gap alone can lead to disputes, even when the trustee has done everything else correctly.

Our trust administration lawyers at Head Murphy Law can help trustees understand their obligations, structure distributions properly, and maintain the documentation needed to protect themselves if questions arise later.

Duties of Guardians and Conservators

Guardians and conservators serve a different but equally important function in Michigan probate proceedings. Both roles involve protecting someone who cannot fully protect themselves.

Guardians are responsible for the personal well-being of the person under their care. If you are serving as guardian for an elderly parent who has been declared legally incapacitated, your decisions about their medical care, living arrangements, and daily welfare carry legal weight. The probate court may require annual reports on the ward’s condition and circumstances.

Conservators handle the financial side. A conservator appointed to manage a protected individual’s estate must prepare an inventory of assets shortly after appointment, file annual accountings with the probate court, and make financial decisions that serve the protected person’s interests. The Macomb County Probate Court, like other probate courts in the Detroit area, has specific procedural requirements for conservatorship accountings and reporting.

A few things worth knowing if you serve in either role:

The probate court retains oversight authority. You may need court approval before taking certain actions, such as selling real estate belonging to the protected individual.
You can be held personally liable for losses caused by mismanagement or neglect of your duties.
Conservators and guardians can be removed by the court if they fail to perform their duties or if removal is determined to be in the best interest of the protected person.

If you are managing the affairs of a parent or family member and you are not sure whether your actions require court approval, that is a question worth asking a fiduciary duty lawyer in Michigan before you act, not after.

Common Mistakes Fiduciaries Make

Most fiduciary errors do not come from dishonesty. They come from not knowing the rules, moving too quickly, or making assumptions about what is permitted. A few patterns come up regularly in Michigan probate and trust matters:

Mixing personal and estate funds. Depositing estate money into a personal account, even temporarily, can constitute a breach of fiduciary duty. Separate accounts should be established from the start.

Distributing assets too early. A personal representative who distributes assets before all creditor claims are resolved may be personally responsible for any valid claims that go unpaid.

Failing to give proper notice. Michigan probate law requires that certain parties receive formal notice at specific stages of the process. Missing those steps can delay the proceedings and expose the fiduciary to legal challenges.

Making investment decisions without authority. Trustees who move trust assets into speculative investments or make major financial changes without proper authority under the trust document may face surcharge claims, meaning they could be required to personally compensate the trust for losses.

Self-dealing. Selling estate property to yourself or a family member, even at what seems like a fair price, can raise serious legal questions. Transactions that benefit the fiduciary personally require careful handling and, in many cases, court approval or beneficiary consent.

Poor recordkeeping. A fiduciary who cannot produce clear records of every transaction may struggle to defend against claims of mismanagement, even if the underlying conduct was proper.

Delay. Estate and trust administration take time, but unreasonable delay can itself be a breach. Beneficiaries who are kept waiting without explanation may have grounds to seek court intervention.

Avoiding Breach of Fiduciary Duty Claims

A breach of fiduciary duty occurs when a fiduciary fails to meet the legal obligations of their role. In Michigan, a breach can result in court proceedings, personal financial liability, and removal from the position. For beneficiaries, a breach claim may seek to recover misappropriated funds, void improper transactions, or compel the fiduciary to take specific corrective action.

The good news is that most breach claims are avoidable with proper legal guidance from the start.

Some practical steps that may reduce your exposure:

Open a dedicated estate or trust account immediately. Do not wait.
Communicate regularly with beneficiaries. Silence breeds suspicion. Keeping beneficiaries informed, even when there is nothing dramatic to report, tends to reduce conflict.
Document every decision. If you make a judgment call, write down why you made it. Notes, emails, and records of conversations can matter significantly if your conduct is ever questioned.
Get court approval when in doubt. If you are uncertain whether a particular action requires court authorization, assume it might and seek guidance before proceeding.
Consult legal counsel early. Working with a fiduciary duties attorney in Michigan from the beginning of the administration process is one of the most effective ways to avoid problems down the road.

If a beneficiary or interested party has already raised concerns about your conduct, or if you have received any kind of formal notice or petition, it is important to speak with a lawyer promptly. The consequences of a breach finding can include personal financial liability and court-ordered removal from your role.

Our breach of fiduciary duties lawyers at Head Murphy Law represent both fiduciaries facing claims and beneficiaries who believe their interests have been harmed.

Speak With a Michigan Fiduciary Duties Lawyer

Serving as a fiduciary in Michigan is not simply an honor. It is a legal obligation with real consequences for missteps. Whether you are managing an estate through the Wayne County Probate Court, administering a trust for beneficiaries spread across Oakland and Macomb Counties, or overseeing the care of a protected individual, the decisions you make carry weight.

Head Murphy Law is a Detroit area law firm focused on probate and trust administration matters. We work with executors, personal representatives, trustees, guardians, and conservators who need clear guidance on what their role requires. We also represent fiduciaries who are facing claims, and beneficiaries who have concerns about how an estate or trust is being handled.

Our attorneys understand the procedural requirements of the local probate courts, the documentation standards that protect fiduciaries from future claims, and the practical realities of administering an estate or trust when family dynamics are involved.

If you were recently appointed, or if you have been serving in a fiduciary role and have unanswered questions, a consultation can help clarify your obligations and your options.

Call 248-939-5405 or contact Head Murphy Law to schedule a consultation with a Michigan fiduciary duties attorney.