Michigan Compiled Laws

Mich. Comp. Laws § 700.7812 (2026)

Enforcement and defense of claims.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7812 Enforcement and defense of claims.

Sec. 7812.

    A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2013–2025 · leading case: In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013).
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). · cites it 2× “7810, to enforce any claims of the trust, MCL 700.7812, and to marshal and collect outstanding trust property, MCL 700.”
In re Miller Osborne Perry Trust, 831 N.W.2d 251 (Mich. Ct. App. 2013). “7801, MCL 700.7812, MCL 700.7901, MCL 700.7902, we conclude that she has a sufficient pecuniary interest to meet the requirements stated under MCR 7.”
Nirenberg v. Couzens, Lansky, Fealk, Roeder & Lazar, PC (E.D. Mich. 2025). · cites it 4× “In arguing that “it is a legal and factual impossibility” for the Couzens Defendants to have represented the HBD trust (as opposed to only representing Jenkins as trustee), the Couzens Defendants cite Mich. Comp. Laws § 700.7812 . (ECF No. 46, PageID.”
Energy Conversion Devices, Inc. (E.D. Mich. 2022). · cites it 2× “The court found that these “duties” include, among other things, “at least,” the continued 4 The bankruptcy court further noted that Mich. Comp. Laws § 700.7817 (nn) gives a trustee winding-up powers “[o]n termination of the trust, to exercise the powers appropriate to wind up…”
Energy Conversion Devices Liquidation Trust v. Ovonyx, Inc. (Bankr. E.D. Mich. 2021). · cites it 2× “” And Mich. Comp. Laws § 700.7812 states that “[a] trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “7810, and “to enforce claims of the trust,” MCL 700.7812. In performing his or her duties, a trustee has the power: (x) To prosecute, defend, arbitrate, settle, release, compromise, or agree to indemnify an action, claim, or proceeding in any jurisdiction or under an alternative…”
in Re Margaret E White Trust (Mich. Ct. App. 2019). “” MCL 700.7812. While we recognize that MCL 700.”
in Re Trombly Est. (Mich. Ct. App. 2020). “7810, to enforce any claims of the trust, MCL 700.7812, and to marshal and collect outstanding trust property, MCL 700.”
Est. of Evelyn Ragsdale v. Katie Bishop (Mich. Ct. App. 2022). “7810; MCL 700.7812. Indeed, Evelyn granted Comerica the “sole discretion .”
20251114_C369872_38_369872.Opn_Order.Pdf (Mich. Ct. App. 2025). “Plaintiff’s third argument was that, under MCL 700.7812, only the trustee has authority to enforce claims of the trust or to defend against such claims and that, because defendant was not the trustee, he was not the real party in interest at the time he recorded the claim of…”
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