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

Mich. Comp. Laws § 700.7706 (2026)

Removal of trustee.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7706 Removal of trustee.

Sec. 7706.

    (1) The settlor, a cotrustee, or a qualified trust beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

    (2) The court may remove a trustee if 1 or more of the following occur:

    (a) The trustee commits a serious breach of trust.

    (b) Lack of cooperation among cotrustees substantially impairs the administration of the trust.

    (c) Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the purposes of the trust.

    (d) There has been a substantial change of circumstances, the court finds that removal of the trustee best serves the interests of the trust beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

    (3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, to the extent it is not inconsistent with a material purpose of the trust, the court may order any appropriate relief under section 7901(2) that is necessary to protect the trust property or the interests of the trust beneficiaries.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

EPIC
Notes of Decisions
Cited in 25 cases (15 in the last 5 years), 2015–2025 · leading case: in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
Sort: Relevance Newest Treatment
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). · cites it 22× “A provision of the MTC, MCL 700.7706, provides, in relevant part: (1) The settlor, a cotrustee, or a qualified trust beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.”
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). · cites it 8× “Petitioners requested an accounting, removal of the trustees, and the appointment of a successor trustee based on respondent’s breach of trust and the lack of cooperation among cotrustees under MCL 700.7706. With regard to the ROB Trust, petitioners alleged that respondent hired…”
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). · cites it 8× “Specifically, the probate court must explain what evidence the court relied on when it determined that it was inappropriate for Thomas to serve as trustee of the Revocable Trust and how those findings relate to MCL 700.7706(2) with respect to the Revocable Trust.”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 5× “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 5× “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
In Re King Est. (Mich. Ct. App. 2025). · cites it 5× “” MCL 700.7706(1). The specific requirements for the removal of a trustee by a court have been “comprehensively codified” by the Legislature.”
P in Re Logan Benjamin Garner Special Needs Trust (Mich. Ct. App. 2022). · cites it 4× “MCL 700.7706 specifies the statutory grounds for removal of a trustee: (1) The settlor, a cotrustee, or a qualified trust beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.”
In Re Logan Benjamin Garner Special Needs Trust (Mich. Ct. App. 2022). · cites it 4× “(2) The court may remove a trustee if 1 or more of the following occur: (a) The trustee commits a serious breach of trust.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). · cites it 3× “To remedy a breach of trust, a court may compel the trustee to redress the breach of trust by paying money, the court may reduce or deny a trustee’s claim for compensation and expenses, and the court may, if there is a “serious” breach of trust, remove the trustee.”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018). · cites it 3× “(2) The court may remove a trustee if 1 or more of the following occur: (a) The trustee commits a serious breach of trust.”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018). · cites it 3× “(2) The court may remove a trustee if 1 or more of the following occur: (a) The trustee commits a serious breach of trust.”
in Re Mulloy Fam. Trust (Mich. Ct. App. 2019). · cites it 3× “The petition did not allege any of the other grounds for removal of a trustee found in MCL 700.7706. See MCL 700.7706(2)(a), (c)-(d).”
Show all 25 citing cases →
— Mich. Comp. Laws § 700.7706(1) — 5 cases
in Re Poston Est. (Mich. Ct. App. 2017). “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022).
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022).
In Re King Est. (Mich. Ct. App. 2025). “” MCL 700.7706(1). The specific requirements for the removal of a trustee by a court have been “comprehensively codified” by the Legislature.”
— Mich. Comp. Laws § 700.7706(2) — 13 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “A provision of the MTC, MCL 700.7706, provides, in relevant part: (1) The settlor, a cotrustee, or a qualified trust beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.”
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). “Specifically, the probate court must explain what evidence the court relied on when it determined that it was inappropriate for Thomas to serve as trustee of the Revocable Trust and how those findings relate to MCL 700.7706(2) with respect to the Revocable Trust.”
In Re King Est. (Mich. Ct. App. 2025). “” MCL 700.7706(1). The specific requirements for the removal of a trustee by a court have been “comprehensively codified” by the Legislature.”
in Re Norma a Bolster Trust (Mich. Ct. App. 2020).
in Re Margaret Tylo Revocable Trust (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 700.7706(2)(a) — 5 cases
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “To remedy a breach of trust, a court may compel the trustee to redress the breach of trust by paying money, the court may reduce or deny a trustee’s claim for compensation and expenses, and the court may, if there is a “serious” breach of trust, remove the trustee.”
in Re Poston Est. (Mich. Ct. App. 2017). “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Mulloy Fam. Trust (Mich. Ct. App. 2019). “The petition did not allege any of the other grounds for removal of a trustee found in MCL 700.7706. See MCL 700.7706(2)(a), (c)-(d).”
in Re Margaret Tylo Revocable Trust (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 700.7706(2)(a)(c) — 1 case
20241113_C370194_32_370194.Opn.Pdf (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 700.7706(2)(b) — 3 cases
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). “Petitioners requested an accounting, removal of the trustees, and the appointment of a successor trustee based on respondent’s breach of trust and the lack of cooperation among cotrustees under MCL 700.7706. With regard to the ROB Trust, petitioners alleged that respondent hired…”
in Re Mulloy Fam. Trust (Mich. Ct. App. 2019). “The petition did not allege any of the other grounds for removal of a trustee found in MCL 700.7706. See MCL 700.7706(2)(a), (c)-(d).”
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). “Specifically, the probate court must explain what evidence the court relied on when it determined that it was inappropriate for Thomas to serve as trustee of the Revocable Trust and how those findings relate to MCL 700.7706(2) with respect to the Revocable Trust.”
— Mich. Comp. Laws § 700.7706(2)(c) — 6 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “A provision of the MTC, MCL 700.7706, provides, in relevant part: (1) The settlor, a cotrustee, or a qualified trust beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.”
P in Re Logan Benjamin Garner Special Needs Trust (Mich. Ct. App. 2022). “MCL 700.7706 specifies the statutory grounds for removal of a trustee: (1) The settlor, a cotrustee, or a qualified trust beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.”
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). “Specifically, the probate court must explain what evidence the court relied on when it determined that it was inappropriate for Thomas to serve as trustee of the Revocable Trust and how those findings relate to MCL 700.7706(2) with respect to the Revocable Trust.”
in Re Lowell H Peterson Trust (Mich. Ct. App. 2021).
In Re Logan Benjamin Garner Special Needs Trust (Mich. Ct. App. 2022). “(2) The court may remove a trustee if 1 or more of the following occur: (a) The trustee commits a serious breach of trust.”
— Mich. Comp. Laws § 700.7706(2)(d) — 1 case
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). “Specifically, the probate court must explain what evidence the court relied on when it determined that it was inappropriate for Thomas to serve as trustee of the Revocable Trust and how those findings relate to MCL 700.7706(2) with respect to the Revocable Trust.”
— Mich. Comp. Laws § 700.7706(3) — 4 cases
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). “Petitioners requested an accounting, removal of the trustees, and the appointment of a successor trustee based on respondent’s breach of trust and the lack of cooperation among cotrustees under MCL 700.7706. With regard to the ROB Trust, petitioners alleged that respondent hired…”
in Re Poston Est. (Mich. Ct. App. 2017). “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). “Neither MCL 700.7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
In Re Michael Eyde Trust (Mich. Ct. App. 2024).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.