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

Mich. Comp. Laws § 700.7902 (2026)

Breach of trust; liability; damages.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7902 Breach of trust; liability; damages.

Sec. 7902.

    A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger:

    (a) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred.

    (b) The profit the trustee made by reason of the breach.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2013–2023 · leading case: In re Miller Osborne Perry Trust, 831 N.W.2d 251 (Mich. Ct. App. 2013).
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In re Miller Osborne Perry Trust, 831 N.W.2d 251 (Mich. Ct. App. 2013). “7901, MCL 700.7902, we conclude that she has a sufficient pecuniary interest to meet the requirements stated under MCR 7.”
Sebastian J Mancuso Fam. Trust v. City of Charlevoix, 831 N.W.2d 907 (Mich. Ct. App. 2013). “7901 (listing remedies for a breach of trust by a trustee); MCL 700.7902 (noting that a trustee is liable to the trust beneficiaries for a breach of trust).”
in Re mcmullen/butler Trust (Mich. Ct. App. 2015). · cites it 5× “” In the event that respondent breached her duties to the Trust, the damages are provided for by MCL 700.7902: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) The amount required to restore the…”
In Re Anne M Spivak Revocable Trust (Mich. Ct. App. 2022). · cites it 2× “” MCL 700.7902(a). Overall, whether a trustee has committed a breach of trust is a question of fact.”
In Re Stephenson Est. (Mich. Ct. App. 2023). · cites it 2× “Moreover, MCL 700.7902 provides: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) The amount required to restore the value of the trust property and trust distributions to what they would have…”
in Re Poston Est. (Mich. Ct. App. 2017). “MCL 700.7902(2)(h). Moreover, the probate court determined that respondent’s actions did not ultimately result in the loss of Trust funds, and the testimony at the hearing suggests that respondent transferred Trust funds into personal accounts with his parents’ knowledge, and…”
in Re Poston Est. (Mich. Ct. App. 2017). “MCL 700.7902(2)(h). Moreover, the probate court determined that respondent’s actions did not ultimately result in the loss of Trust funds, and the testimony at the hearing suggests that respondent transferred Trust funds into personal accounts with his parents’ knowledge, and…”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “See MCL 700.7902. Moreover, Thomas litigated the conversion issue for his own benefit, and the fact that he prevailed in the litigation did nothing to enhance, preserve, or protect trust property.”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018). “” According to MCL 700.7902: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) the amount required to restore the value of the trust property and trust distributions to what they would have been…”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018). “” According to MCL 700.7902: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) the amount required to restore the value of the trust property and trust distributions to what they would have been…”
in Re Geraldine M Benjamin Trust (Mich. Ct. App. 2020). “[MCL 700.7902.] 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…”
20221117_C357831_47_357831.Opn.Pdf (Mich. Ct. App. 2022). “” MCL 700.7902 provides: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) The amount required to restore the value of the trust property and trust distributions to what they would have been had…”
— Mich. Comp. Laws § 700.7902(2)(h) — 2 cases
in Re Poston Est. (Mich. Ct. App. 2017). “MCL 700.7902(2)(h). Moreover, the probate court determined that respondent’s actions did not ultimately result in the loss of Trust funds, and the testimony at the hearing suggests that respondent transferred Trust funds into personal accounts with his parents’ knowledge, and…”
in Re Poston Est. (Mich. Ct. App. 2017). “MCL 700.7902(2)(h). Moreover, the probate court determined that respondent’s actions did not ultimately result in the loss of Trust funds, and the testimony at the hearing suggests that respondent transferred Trust funds into personal accounts with his parents’ knowledge, and…”
— Mich. Comp. Laws § 700.7902(a) — 3 cases
In Re Anne M Spivak Revocable Trust (Mich. Ct. App. 2022). “” MCL 700.7902(a). Overall, whether a trustee has committed a breach of trust is a question of fact.”
In Re Stephenson Est. (Mich. Ct. App. 2023). “Moreover, MCL 700.7902 provides: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) The amount required to restore the value of the trust property and trust distributions to what they would have…”
in Re mcmullen/butler Trust (Mich. Ct. App. 2015). “” In the event that respondent breached her duties to the Trust, the damages are provided for by MCL 700.7902: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) The amount required to restore the…”
— Mich. Comp. Laws § 700.7902(b) — 1 case
in Re mcmullen/butler Trust (Mich. Ct. App. 2015). “” In the event that respondent breached her duties to the Trust, the damages are provided for by MCL 700.7902: A trustee who commits a breach of trust is liable to the trust beneficiaries affected for whichever of the following is larger: (a) The amount required to restore the…”
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