When a trustee won’t account.

By Moshe B. Newman, Attorney · Published June 2026

If you’re a trust beneficiary and the trustee won’t give you an accounting, won’t answer questions, or won’t distribute what you’re owed, you are not powerless. Michigan’s Trust Code gives qualified beneficiaries real rights to information — and gives the probate court real authority to enforce them.

Your right to information

Under MCL 700.7814, trustees have duties to provide information and reports. What must be provided depends on your beneficiary status, the request, the trust terms, and any applicable waiver. The statute addresses annual reports for distributees and permissible distributees, and reports requested by other beneficiaries. A lawyer can assess which duties apply to your situation.

If the person who created the trust is still living

A revocable trust follows a different starting rule. Under MCL 700.7603, the trustee generally owes duties to the person who created the trust, called the settlor, while the trust remains revocable. Being named to inherit later does not automatically give you the same information rights as a beneficiary of an irrevocable trust. The statute contains exceptions, including information duties when the trustee reasonably believes the settlor is incapacitated. We review the trust's status and the people involved before deciding what information can be required.

Am I entitled to a copy of the trust as a beneficiary?

Under MCL 700.7814, a beneficiary can reasonably request the trust terms that describe or affect that beneficiary's interest and relevant information about trust property. The right to reports depends on the beneficiary's status, the trust terms, applicable waivers, and whether the trust is revocable. Ask a lawyer to review the actual document and circumstances.

What “an accounting” should actually show

• What assets the trust holds, and what they’re worth.
• Income received and expenses paid.
• Distributions made — to whom, and how much.
• Trustee fees taken, and the basis for them.

When reporting duties apply, vague assurances do not replace the required report. The information should let the beneficiary assess how the trust is being handled.

What you can do when the trustee won’t cooperate

1. Make a written demand. A clear, dated written request for an accounting and information creates a record and often prompts action on its own.
2. Petition the probate court. If the trustee still refuses, the court can compel an accounting, compel information, and supervise the administration.
3. Seek removal or surcharge. Where a trustee has breached duties — self-dealing, mismanagement, refusing to account — the court can remove the trustee and order them to repay losses (a “surcharge”).

Why timing matters

Under MCL 700.7905, a one-year period can begin when a report sent to a beneficiary or representative sufficiently reveals a potential breach-of-trust claim and explains the filing deadline. A separate rule applies when reports were waived. Other limitation rules can also apply. Receiving any accounting does not automatically start the same deadline for every claim; have the report, notices, and dates reviewed promptly.

How we help

We represent beneficiaries who are being kept in the dark and trustees who want to administer correctly and defend against unfounded claims. Often a well-drafted demand letter resolves the problem without litigation; when it doesn’t, we go to the probate court. Either way, the first step is understanding your rights and the deadlines that apply to your situation.

What to gather before a trustee consultation

• The trust and amendments you have, plus any notice explaining your interest.
• Reports, statements, distribution records, and requests you already sent.
• A short timeline: when you requested information, what came back, and which transactions concern you.
• Any hearing notice, release, waiver, or document you have been asked to sign.

You do not need a complete file to make an initial inquiry. Tell us about an upcoming deadline or proposed transfer at the start of the conversation. Keep financial account numbers and sensitive records out of the public inquiry form; we can arrange an appropriate way to review documents.

For an initial fit discussion, request a trustee-dispute screening call.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Statutes, deadlines, and dollar amounts change; figures current as of 2026. Deadlines in probate and trust disputes can be short and unforgiving — if you think you may have a claim, contact us promptly.

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