Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.5430 (2026)

Personal liability of conservator.

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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5430 Personal liability of conservator.

Sec. 5430.

    (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in a fiduciary capacity in the course of estate administration unless the conservator fails to reveal the representative capacity and identify the estate in the contract.

    (2) A conservator is personally liable for an obligation arising from ownership or control of estate property or for torts committed in the course of estate administration only if personally at fault.

    (3) A claim based on a contract entered into by a conservator in a fiduciary capacity, an obligation arising from ownership or control of the estate, or a tort committed in the course of estate administration may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is personally liable for the claim.

    (4) A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.

History: 1998, Act 386, Eff. Apr. 1, 2000

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EPIC
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2023 · leading case: In Re Conservatorship of Mary Louise Montgomery (Mich. Ct. App. 2023).
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In Re Conservatorship of Mary Louise Montgomery (Mich. Ct. App. 2023). · cites it 4× “” MCL 700.5430(2). “A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). · cites it 3× “” MCL 700.5430(2). “A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.”
Patricia Sutter v. Thomas Brennan Fraser (Mich. Ct. App. 2014). “See MCL 700.5430, MCL 700.5415, MCL 700.1308(2).”
— Mich. Comp. Laws § 700.5430(2) — 2 cases
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “” MCL 700.5430(2). “A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.”
In Re Conservatorship of Mary Louise Montgomery (Mich. Ct. App. 2023). “” MCL 700.5430(2). “A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.”
— Mich. Comp. Laws § 700.5430(4) — 2 cases
In Re Conservatorship of Mary Louise Montgomery (Mich. Ct. App. 2023). “” MCL 700.5430(2). “A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “” MCL 700.5430(2). “A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.”
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