ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.1214 Fiduciary; prohibited conduct.
Sec. 1214.
Unless the governing instrument expressly authorizes such a transaction or investment, unless authorized by the court, except as provided in section 3713, 5421, or 7802, or except as provided in section 4405 of the banking code of 1999, 1999 PA 276, MCL 487.14405, a fiduciary in the fiduciary's personal capacity shall not engage in a transaction with the estate that the fiduciary represents and shall not invest estate money in a company, corporation, or association with which the fiduciary is affiliated, other than as a bondholder or minority stockholder. A fiduciary in the fiduciary's personal capacity shall not personally derive a profit from the purchase, sale, or transfer of the estate's property. A fiduciary's deposit of money in a bank or trust company, in which the fiduciary is interested as an officer, director, or stockholder, does not constitute a violation of this section.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
PopularName Notes:
EPIC
Notes of Decisions
Cited in
15
cases (
6 in the last 5 years), 2003–2026 · leading case:
In Re Cummin Est., 671 N.W.2d 165 (Mich. Ct. App. 2003).
In Re Cummin Est., 671 N.W.2d 165 (Mich. Ct. App. 2003).
· cites it 10× “§ 700.1214 of EPIC prohibits self-dealing by fiduciaries, except in limited circumstances that are not present in this case.”
In Re Est. of Cummin, 706 N.W.2d 34 (Mich. Ct. App. 2005).
· cites it 3× “§ 700.1214 of the EPIC "necessitates setting aside respondent's self-dealing.”
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014).
“1212, MCL 700.1214, and MCL 700.1506, seek to protect beneficiaries from misdeeds by their trustees.”
Murphy v. Hegyi, 706 N.W.2d 34 (Mich. Ct. App. 2005).
· cites it 3× “SELF-DEALING UNDER THE EPIC As a “wholly separate and independent basis” for setting aside the transfer, the probate court determined that MCL 700.1214 of the EPIC “necessitates setting aside respondent’s self-dealing.”
20231130_C362333_45_362333.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 9× “Plaintiff also argued that Keith engaged in self-dealing by taking possession of the monies, in violation of MCL 700.1214. Lastly, plaintiff contended that the scenario was a classic case of conversion because Keith wrongfully took Brohl’s funds for his own use.”
In Re Est. of Cummin, 712 N.W.2d 447 (Mich. 2006).
“Judge Wilder also correctly concluded that the Estates and Protected Individuals Code (EPIC) prohibition against selfdealing, MCL 700.1214, does not apply because respondent had an accrued right in the property before EPIC took effect on April 1, 2000, MCL 700.”
Keith J Mitan v. Farmington Square Condo. Ass'n (Mich. Ct. App. 2021).
· cites it 4× “In further support of our position, we note the language of MCL 700.1214, which provides as follows: 5 EPIC defines the term “court” to “mean[] the probate court or, when applicable, the family division of circuit court.”
In Re Conservatorship of Ejs (Mich. Ct. App. 2026).
· cites it 3× “If made aware of such behavior, the probate court is authorized under MCL 700.1308 “to determine and remedy” it.”
in Re Sell Est. (Mich. Ct. App. 2015).
· cites it 5× “, provides: Unless the governing instrument expressly authorizes such a transaction or investment, unless authorized by the court, except as provided in section 3713, 5421, or 7802, or except as provided in section 4405 of the banking code of 1999, 1999 PA 276 , MCL 487.”
James W Ruster v. Michael K Koon (Mich. Ct. App. 2017).
· cites it 2× “, a fiduciary in the fiduciary’s personal capacity shall not engage in a transaction with the estate that the fiduciary represents .”
James W Ruster v. Michael K Koon (Mich. Ct. App. 2017).
· cites it 2× “, a fiduciary in the fiduciary’s personal capacity shall not engage in a transaction with the estate that the fiduciary represents .”
Kim Anthony Burgess v. Linda Lou Burgess (Mich. Ct. App. 2020).
“Plaintiff cites MCL 700.1214, which provides in pertinent part that “a fiduciary in the fiduciary’s personal capacity shall not engage in a transaction with the estate that the fiduciary represents .”
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