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

Mich. Comp. Laws § 700.7813 (2026)

Duty to locate trust property and compel delivery; retention of reserve for payment of expenses; improper distribution or payment from trust; wrongful conversion.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7813 Duty to locate trust property and compel delivery; retention of reserve for payment of expenses; improper distribution or payment from trust; wrongful conversion.

Sec. 7813.

    (1) A trustee shall take reasonable steps to locate trust property and to compel a former trustee or other person to deliver trust property to the trustee.

    (2) A resigning trustee or a trustee being replaced by a successor may retain a reasonable reserve for the payment of debts, taxes, and expenses, including attorney fees and other expenses incidental to the allowance of the trustee's accounts.

    (3) Unless the distribution or payment can no longer be questioned because of adjudication, estoppel, or other limitation, a distributee or claimant that receives property that is improperly distributed or paid from a trust shall return the property and any income and gain from the property since distribution, if the recipient has the property. If the recipient does not have the property, the recipient shall pay the value of the property as of the date of distribution or payment and any income and gain from the property since distribution.

    (4) If a person embezzles or wrongfully converts trust property, or refuses, without colorable claim of right, to transfer possession of trust property to the current trustee upon demand, the person is liable in an action brought by the current trustee, or the beneficiary of the trust for the benefit of the trust, for double the value of any property embezzled, converted, or wrongfully withheld from the current trustee.

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

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Notes of Decisions
Cited in 14 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).
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In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). · cites it 3× “7801, to control and protect the property of the trust, MCL 700.”
Nirenberg (E.D. Mich. 2025). · cites it 8× “First, to the extent Plaintiff relies on Mich. Comp. Laws § 700.7813 (4) to counter Habel’s statute-of-limitations defense, this statute provides a cause of action for a “current trustee” to recover from those who “wrongfully converts trust property, or refuses, without…”
In Re Stephenson Est. (Mich. Ct. App. 2023). · cites it 5× “Under MCL 700.7810, “[a] trustee shall take reasonable steps to take control of and protect the trust property.”
Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019). · cites it 3× “The statute provides: (4) If a person embezzles or wrongfully converts trust property, or refused, without colorable claim of right, to transfer possession of trust property to the current trustee upon demand, the person is liable in an action brought by the current trustee, or…”
In Re Ralph a Siddell Living Trust (Mich. Ct. App. 2023). · cites it 3× “Viewing the evidence in the light most favorable to Smith, she did not identify any tangible personal property that Bill owned individually and to which she had a right, nor did she establish that she ever had a right of immediate possession of any of the tangible personal…”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 2× “” MCL 700.7813(4). Further, the Trust itself states: “Any income beneficiary hereunder, upon his or her written request or the written request of his or her legal representative, made not more than quarter-annually, may demand and receive from the Trustee a statement of the…”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 2× “” MCL 700.7813(4). Further, the Trust itself states: “Any income beneficiary hereunder, upon his or her written request or the written request of his or her legal representative, made not more than quarter-annually, may demand and receive from the Trustee a statement of the…”
in Re Calleen Ann Berndt Living Trust (Mich. Ct. App. 2018). · cites it 2× “at 356 , citing MCL 700.7813(1).2 Here, Noerr Rogers sought reinstatement of the action so that she could conduct a walkthrough of Berndt’s Michigan house to identify any personal property belonging to the Trust that still remained in Berndt’s possession.”
in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020). · cites it 2× “[MCL 700.7813(4).] -2- David and LuAnn Zettle embezzled trust property.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “” Similarly, by statute, among other duties, a trustee shall take reasonable steps “to locate trust property,” MCL 700.7813(1), “to take control of and protect the trust property,” MCL 700.”
in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020). “] Finally, MCL 700.7813(4) provides: If a person embezzles or wrongfully converts trust property, or refuses, without colorable claim of right, to transfer possession of trust property to the current trustee upon demand, the person is liable in an action brought by the current…”
in Re Trombly Est. (Mich. Ct. App. 2020). “7812, and to marshal and collect outstanding trust property, MCL 700.7813(1). There can be no doubt that the trustee of the ENR Trust is the party who actually owns the claims asserted by Mark in this matter.”
Show all 14 citing cases →
— Mich. Comp. Laws § 700.7813(1) — 5 cases
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “7801, to control and protect the property of the trust, MCL 700.”
in Re Calleen Ann Berndt Living Trust (Mich. Ct. App. 2018). “at 356 , citing MCL 700.7813(1).2 Here, Noerr Rogers sought reinstatement of the action so that she could conduct a walkthrough of Berndt’s Michigan house to identify any personal property belonging to the Trust that still remained in Berndt’s possession.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “” Similarly, by statute, among other duties, a trustee shall take reasonable steps “to locate trust property,” MCL 700.7813(1), “to take control of and protect the trust property,” MCL 700.”
in Re Trombly Est. (Mich. Ct. App. 2020). “7812, and to marshal and collect outstanding trust property, MCL 700.7813(1). There can be no doubt that the trustee of the ENR Trust is the party who actually owns the claims asserted by Mark in this matter.”
In Re Stephenson Est. (Mich. Ct. App. 2023). “Under MCL 700.7810, “[a] trustee shall take reasonable steps to take control of and protect the trust property.”
— Mich. Comp. Laws § 700.7813(4) — 9 cases
In Re Stephenson Est. (Mich. Ct. App. 2023). “Under MCL 700.7810, “[a] trustee shall take reasonable steps to take control of and protect the trust property.”
in Re Poston Est. (Mich. Ct. App. 2017). “” MCL 700.7813(4). Further, the Trust itself states: “Any income beneficiary hereunder, upon his or her written request or the written request of his or her legal representative, made not more than quarter-annually, may demand and receive from the Trustee a statement of the…”
in Re Poston Est. (Mich. Ct. App. 2017). “” MCL 700.7813(4). Further, the Trust itself states: “Any income beneficiary hereunder, upon his or her written request or the written request of his or her legal representative, made not more than quarter-annually, may demand and receive from the Trustee a statement of the…”
Linda Dice v. Esther G Bennett Revocable Trust (Mich. Ct. App. 2019). “The statute provides: (4) If a person embezzles or wrongfully converts trust property, or refused, without colorable claim of right, to transfer possession of trust property to the current trustee upon demand, the person is liable in an action brought by the current trustee, or…”
in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020). “[MCL 700.7813(4).] -2- David and LuAnn Zettle embezzled trust property.”
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