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

Mich. Comp. Laws § 700.7904 (2026)

Attorney fees and costs; receipt of expenses and disbursements; reduction or denial of claim with respect to breach of trust.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7904 Attorney fees and costs; receipt of expenses and disbursements; reduction or denial of claim with respect to breach of trust.

Sec. 7904.

    (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party who enhances, preserves, or protects trust property, to be paid from the trust that is the subject of the proceeding.

    (2) Subject to subsection (3), if a trustee participates in a civil action or proceeding in good faith, whether successful or not, the trustee is entitled to receive from trust property all expenses and disbursements including reasonable attorney fees that the trustee incurs in connection with its participation.

    (3) A court may reduce or deny a trustee's claim for compensation, expenses, or disbursements with respect to a breach of trust.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 18 cases (7 in the last 5 years), 2016–2026 · leading case: In Re Robert W Ashcraft Trust (Mich. Ct. App. 2026).
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In Re Robert W Ashcraft Trust (Mich. Ct. App. 2026). · cites it 17× “2 On May 29, 2024, appellant filed a petition, requesting that the Trust pay appellant’s reasonable attorney fees and costs under MCL 700.7904(1). On June 18, 2024, appellee responded that MCL 700.”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2024). · cites it 14× “In relevant part, Abu-Aita recommended that the probate court set aside the February 1, 2017 stipulated order to the extent that it allowed each party and attorney to recover his or her attorney fees and expenses from the Jaye Trust, that the probate court instead assess each…”
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). · cites it 10× “MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable 4 In its February 2021 opinion and order, the probate court provided background for the basis of…”
In Re Stephenson Est. (Mich. Ct. App. 2023). · cites it 7× “-23- With respect to an award of attorney fees and costs under the MTC, MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party…”
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). · cites it 5× “ATTORNEY FEES Petitioners subsequently filed a petition for attorney fees pursuant to MCL 700.7904. In response, respondent argued that (1) Harris was not authorized to act on behalf of Schaller, (2) Harris was only retained by two of the four petitioners, (3) Harris’s retainer…”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). · cites it 5× “Thomas simply has not shown a breach of trust by Charles that would require Charles to compensate Thomas.”
in Re Margaret E White Trust (Mich. Ct. App. 2019). · cites it 5× “” Similarly, MCL 700.7904 provides, in pertinent part: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party who enhances, preserves, or protects trust…”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 4× “Further, MCL 700.7904, provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party who enhances, preserves, or protects trust property, to be paid…”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 4× “Further, MCL 700.7904, provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party who enhances, preserves, or protects trust property, to be paid…”
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). · cites it 3× “MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party who enhances, preserves, or protects trust property, to be paid from the…”
in Re Ward Est. (Mich. Ct. App. 2016). · cites it 2× “In this case, the trial court recited that case law could provide a basis for shifting attorney fees, then quoted, as “underlying authority for the court to grant attorney’s fees to a non- fiduciary,” from MCL 700.7904(1), which states: “In a proceeding involving the…”
in Re Massie Fam. Trust (Mich. Ct. App. 2016). “7904 governs the payment of attorney fees in a trust action as follows: (2) Subject to subsection (3), if a trustee participates in a civil action or proceeding in good faith, whether successful or not, the trustee is entitled to receive from trust property all expenses and…”
Show all 18 citing cases →
— Mich. Comp. Laws § 700.7904(1) — 11 cases
In Re Robert W Ashcraft Trust (Mich. Ct. App. 2026). “2 On May 29, 2024, appellant filed a petition, requesting that the Trust pay appellant’s reasonable attorney fees and costs under MCL 700.7904(1). On June 18, 2024, appellee responded that MCL 700.”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2024). “In relevant part, Abu-Aita recommended that the probate court set aside the February 1, 2017 stipulated order to the extent that it allowed each party and attorney to recover his or her attorney fees and expenses from the Jaye Trust, that the probate court instead assess each…”
In Re Stephenson Est. (Mich. Ct. App. 2023). “-23- With respect to an award of attorney fees and costs under the MTC, MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party…”
in Re Ward Est. (Mich. Ct. App. 2016). “In this case, the trial court recited that case law could provide a basis for shifting attorney fees, then quoted, as “underlying authority for the court to grant attorney’s fees to a non- fiduciary,” from MCL 700.7904(1), which states: “In a proceeding involving the…”
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). “ATTORNEY FEES Petitioners subsequently filed a petition for attorney fees pursuant to MCL 700.7904. In response, respondent argued that (1) Harris was not authorized to act on behalf of Schaller, (2) Harris was only retained by two of the four petitioners, (3) Harris’s retainer…”
— Mich. Comp. Laws § 700.7904(2) — 5 cases
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). “MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable 4 In its February 2021 opinion and order, the probate court provided background for the basis of…”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “Thomas simply has not shown a breach of trust by Charles that would require Charles to compensate Thomas.”
In Re Wallace Howe Fam. Trust (Mich. Ct. App. 2022). “MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party who enhances, preserves, or protects trust property, to be paid from the…”
In Re Stephenson Est. (Mich. Ct. App. 2023). “-23- With respect to an award of attorney fees and costs under the MTC, MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party…”
in Re Mulloy Fam. Trust (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 700.7904(3) — 5 cases
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). “MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable 4 In its February 2021 opinion and order, the probate court provided background for the basis of…”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “Thomas simply has not shown a breach of trust by Charles that would require Charles to compensate Thomas.”
in Re Dickinson Est. (Mich. Ct. App. 2018).
in Re Dickinson Est. (Mich. Ct. App. 2018).
In Re Stephenson Est. (Mich. Ct. App. 2023). “-23- With respect to an award of attorney fees and costs under the MTC, MCL 700.7904 provides: (1) In a proceeding involving the administration of a trust, the court, as justice and equity require, may award costs and expenses, including reasonable attorney fees, to any party…”
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