ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.1212 Fiduciary relationship.
Sec. 1212.
(1) A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary. A fiduciary shall observe the standard of care described in section 7803 and shall discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; care and prudence in actions; and segregation of assets held in the fiduciary capacity. With respect to investments, a fiduciary shall conform to the Michigan prudent investor rule.
(2) Except in response to legal process, in cases expressly required by law, or in the necessary or proper administration of the estate, a fiduciary shall not disclose facts or knowledge pertaining to property in the fiduciary's possession or to the affairs of those for whom the fiduciary is acting in any manner without the consent of the heirs, devisees, beneficiaries, protected individuals, or wards. The fiduciary of a minor or an incapacitated individual may give this consent on behalf of that individual. This subsection's restriction on disclosure does not apply in an action or proceeding in which the fiduciary and the fiduciary's heir, devisee, beneficiary, protected individual, or ward are parties adverse to each other after the identity and relationship is determined and established.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
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Notes of Decisions
Cited in
25
cases (
13 in the last 5 years), 2007–2026 · leading case:
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
· cites it 12× “" But, under MCL 700.1212(1), a personal representative is not a fiduciary to a creditor.”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013).
· cites it 2× “MCL 700.1212(1); see also MCL 700.1104(e) and MCL 700.”
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
· cites it 2× “” MCL 700.1212(1). *60 A personal representative may not take advantage of his or her office to procure unfair advantage or influence because of the fiduciary relationship between a personal representative and the decedent’s heirs.”
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014).
“, MCL 700.1212, MCL 700.1214, and MCL 700.1506, seek to protect beneficiaries from misdeeds by their trustees.”
People of Michigan v. Jessica Michelle Englebrecht (Mich. Ct. App. 2025).
· cites it 7× “For example, in In re Conservatorship of Murray, 336 Mich App 234 , 259-260; 970 NW2d 372 (2021), the respondent fiduciary was found to have breached his duty under MCL 700.1212 by “commingl[ing] [the deceased]’s bank account funds by depositing them into his own bank account.”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021).
· cites it 4× “MCL 700.1212(1) defines a fiduciary relationship as follows: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
In Re Schuhmacher Est. (Mich. Ct. App. 2022).
· cites it 3× “MCL 700.1212(1). See also MCL 700.1104(e) and MCL 700.”
Est. of Cyril George Arliss v. Darren Findling (Mich. Ct. App. 2023).
· cites it 3× “A fiduciary shall observe the standard of care described in section 7803 and shall discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; care…”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
· cites it 2× “Appellant also points to MCL 700.1212, which requires a fiduciary, in part, to segregate “assets held in the fiduciary capacity.”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
· cites it 2× “Appellant also points to MCL 700.1212, which requires a fiduciary, in part, to segregate “assets held in the fiduciary capacity.”
in Re Basso Est. (Mich. Ct. App. 2019).
· cites it 2× “” MCL 700.1212(1). “A fiduciary shall observe the standard of care described in [MCL 700.”
Peri Roanne Weingrad v. Constance Jones (Mich. Ct. App. 2019).
· cites it 2× “MCL 700.1212(1) describes the duties of a fiduciary: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
— Mich. Comp. Laws § 700.1212(1) — 23 cases
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
“" But, under MCL 700.1212(1), a personal representative is not a fiduciary to a creditor.”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013).
“MCL 700.1212(1); see also MCL 700.1104(e) and MCL 700.”
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
“” MCL 700.1212(1). *60 A personal representative may not take advantage of his or her office to procure unfair advantage or influence because of the fiduciary relationship between a personal representative and the decedent’s heirs.”
People of Michigan v. Jessica Michelle Englebrecht (Mich. Ct. App. 2025).
“For example, in In re Conservatorship of Murray, 336 Mich App 234 , 259-260; 970 NW2d 372 (2021), the respondent fiduciary was found to have breached his duty under MCL 700.1212 by “commingl[ing] [the deceased]’s bank account funds by depositing them into his own bank account.”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021).
“MCL 700.1212(1) defines a fiduciary relationship as follows: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
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