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

Mich. Comp. Laws § 700.7816 (2026)

General powers of trustee.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7816 General powers of trustee.

Sec. 7816.

    (1) A trustee, without authorization by the court, may exercise all of the following:

    (a) Powers conferred by the terms of the trust.

    (b) Except as limited by the terms of the trust, all of the following:

    (i) All powers over the trust property that an unmarried competent owner has over individually owned property.

    (ii) Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property.

    (iii) Any other powers conferred by this article.

    (2) The exercise of a power is subject to the fiduciary duties prescribed by this article.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2013–2022 · leading case: in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
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in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). · cites it 2× “The Trust Agreement obligated the trustees to enforce the Trust Agreement in actions challenging the validity of the Trust Agreement. Under the MTC, a trustee is required to administer a trust in accordance with its terms and purposes, MCL 700.”
Sebastian J Mancuso Fam. Trust v. City of Charlevoix, 831 N.W.2d 907 (Mich. Ct. App. 2013). “7902 (noting that a trustee is liable to the trust beneficiaries for a breach of trust). Further, MCL 211.”
Trevor Legassick v. Univ. of Michigan Regents (Mich. Ct. App. 2019). · cites it 2× “[MCL 700.7816.] In addition to the general power delineated above, the trustee also has specific powers as set forth in MCL 700.”
in Re Margaret E White Trust (Mich. Ct. App. 2019). “7817 provides, in pertinent part: Without limiting the authority conferred by [MCL 700.7816] a trustee has all of the following powers: (w) To employ an attorney to perform necessary legal services or to advise or assist the trustee in the performance of the trustee’s…”
in Re Stephenson Fam. Trust (Mich. Ct. App. 2020). “MCL 700.7816(2). Further, MCL 700.7815 addresses discretionary trusts, and it provides in relevant part: (1) A beneficiary of a discretionary trust provision as described in [MCL 700.”
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2021). “, MCL 700.7816(1)(b)(ii) (“A trustee, without authorization by the court, may exercise all of the .”
Est. of Evelyn Ragsdale v. Katie Bishop (Mich. Ct. App. 2022). “Comerica also had a duty to “take reasonable steps to take control of and protect the trust property,” MCL 700.”
— Mich. Comp. Laws § 700.7816(1) — 1 case
Est. of Evelyn Ragsdale v. Katie Bishop (Mich. Ct. App. 2022). “Comerica also had a duty to “take reasonable steps to take control of and protect the trust property,” MCL 700.”
— Mich. Comp. Laws § 700.7816(1)(a) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “The Trust Agreement obligated the trustees to enforce the Trust Agreement in actions challenging the validity of the Trust Agreement. Under the MTC, a trustee is required to administer a trust in accordance with its terms and purposes, MCL 700.”
— Mich. Comp. Laws § 700.7816(1)(b)(ii) — 1 case
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2021). “, MCL 700.7816(1)(b)(ii) (“A trustee, without authorization by the court, may exercise all of the .”
— Mich. Comp. Laws § 700.7816(2) — 1 case
in Re Stephenson Fam. Trust (Mich. Ct. App. 2020). “MCL 700.7816(2). Further, MCL 700.7815 addresses discretionary trusts, and it provides in relevant part: (1) A beneficiary of a discretionary trust provision as described in [MCL 700.”
— Mich. Comp. Laws § 700.7816(l)(a) — 1 case
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “The Trust Agreement obligated the trustees to enforce the Trust Agreement in actions challenging the validity of the Trust Agreement. Under the MTC, a trustee is required to administer a trust in accordance with its terms and purposes, MCL 700.”
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