Breach of Fiduciary Duty Attorney in Troy

Helping Clients in Oakland County & Surrounding Areas Settle Claims Against Fiduciaries

If you have an interest in a Michigan trust or estate that you believe is being threatened, contact an experienced breach of fiduciary duty attorney at Barron, Rosenberg, Mayoras & Mayoras P.C. (BRMM). Our familiarity with a wide range of claims and defenses relating to the duties of a fiduciary under Michigan probate law can help you protect your interests.

Potential issues requiring legal counsel can include negligent or dishonest performance of the trustee or personal representative, or those serving in a fiduciary capacity who need advice about their exposure to liability in a specific situation.

Michigan Estate Law & Fiduciary Duties in Troy

Under Michigan’s Estate and Protected Individuals Code (EPIC), trustees and personal representatives of decedents’ estates have a duty on behalf of beneficiaries, heirs, devisees, and even some creditors to put the interests of the beneficiary first. BRMM represents both sides of fiduciary conflicts—those concerned about how fiduciary performance affects their interests and the fiduciaries who need to defend themselves against allegations of improper conduct.

When questions arise under EPIC, the probate courts in Oakland County, including matters filed out of Troy, often look closely at whether a fiduciary has gathered and safeguarded assets, kept beneficiaries informed, and followed the terms of the will, trust, or court order. We help clients understand how these legal standards apply in real-world situations, such as the sale of a family home, the handling of business interests, or the use of a power of attorney before death. By walking families through what Michigan law requires, we can evaluate whether concerns rise to the level of a breach of fiduciary duty or can be resolved through better communication and documentation.

We have decades of experience arguing cases regarding:

• Failure to render regular accountings
• Failure to make prudent investments
• Favoring one beneficiary over another
• Commingling of trust or estate assets with the fiduciary’s personal assets
• Failure to get fair value upon the sale or liquidation of trust or estate assets
• Waste of assets through negligent management or maintenance
• Abuse of a power of attorney with respect to financial or medical treatment decisions
• Overcharging for services
• Undisclosed conflicts of interest or self-dealing
• Theft or misappropriation of trust or estate funds

Trust BRMM to Uphold Clients’ Interests

Our firm’s experience investigating and presenting evidence on such issues creates a significant advantage for our clients. Contact us today to learn more about the scope of our experience with the litigation of fiduciary duty issues in the probate courts of Michigan.

When families or fiduciaries come to us from Troy or elsewhere in Oakland County, they are often facing more than a legal question—they are dealing with strained relationships, grief, or uncertainty about the future. We take the time to review financial records, correspondence, prior court filings, and the governing estate planning documents so that we can give practical guidance grounded in the facts of the case. By explaining each step in plain language and outlining possible paths forward, we help clients decide whether to pursue informal resolution, formal fiduciary litigation, or a targeted petition such as a demand for an accounting or removal of a trustee.

Common Fiduciary Disputes in Troy & Oakland County

Families in Troy and throughout Oakland County often are not sure whether their concerns rise to the level of a legal problem or are simply communication issues. We regularly see situations where beneficiaries are left in the dark about assets, where a sibling serving as trustee is accused of favoring one branch of the family, or where an out-of-state personal representative does not understand Michigan requirements. By carefully listening to your story and comparing it to what EPIC requires, we can help you determine whether you may have grounds to pursue fiduciary litigation or whether a different approach makes more sense.

In many Troy-area estates, disputes develop around a few recurring themes: the timing and amount of distributions, decisions about selling or keeping real estate, the management of investment accounts, and the use of a power of attorney before death. Concerns may also arise when a fiduciary takes fees that seem excessive or when there are unanswered questions about missing property. Barron, Rosenberg, Mayoras & Mayoras P.C. works with clients to gather bank records, closing statements, emails, and other documents so that we can evaluate whether the conduct at issue is consistent with a fiduciary’s duties or suggests a potential breach of fiduciary duty that needs to be addressed in the Oakland County Probate Court.

Because every family and every estate is different, our role is to provide an honest assessment of the strength of your position and the likely impact of different options. Some matters can be resolved with clear accounting and better communication, while others require the removal of the fiduciary, a claim for damages, or both. We will discuss the risks, costs, and timelines associated with each path so that you can make decisions that reflect both your legal rights and your relationships with other family members.

The Fiduciary Litigation Process in Michigan Probate Courts

Understanding what to expect in a fiduciary dispute can make a stressful situation feel more manageable. When a concern cannot be resolved informally, the next step is often to file a petition or complaint in the appropriate probate court, such as the Oakland County Probate Court for Troy matters. That filing explains the conduct you are challenging and the relief you are requesting, which could include an accounting, removal of a fiduciary, appointment of a successor, or a surcharge against the fiduciary for losses caused by their actions.

After a case is filed, the court will typically set deadlines and hearings and may refer the parties to mediation to explore a settlement. During this time, both sides may exchange information and documents so that each can understand the facts more fully. A fiduciary litigation attorney at our firm is ready to guide clients through this stage by preparing them for hearings, helping them respond to requests for information, and identifying evidence that supports their position. Our goal is to keep you informed about each step so you are never surprised by what happens next in your trust dispute attorney matter.

Many fiduciary disputes are resolved through negotiated agreements before a trial is necessary, especially when families want to preserve some working relationship going forward. In other cases, a judge must hear testimony, review financial records, and issue a written decision. We will talk with you about the pros and cons of settlement versus trial, including cost, emotional impact, and the level of control you retain over the outcome. Throughout the process, we remain focused on your long-term goals, whether that is protecting a vulnerable loved one, preserving family assets, or simply ensuring that the intent of the person who created the estate plan is respected.

For experienced guidance, turn to a skilled fiduciary litigation attorney in Troy. Contact us or call (248) 213-9514 to secure a consultation.

Frequently Asked Questions

What Is a Fiduciary in an Estate or Trust?

A fiduciary is someone who has been given legal authority to manage money or property for someone else and must act in that person’s best interests. In the estate and trust context, this can include trustees, personal representatives, and agents under a power of attorney. Their responsibilities are defined by Michigan law and by the documents that appointed them.

How Do I Know If a Fiduciary Has Breached Their Duties?

Warning signs can include missing or delayed accounting, unexplained withdrawals, inconsistent information about assets, or decisions that clearly benefit the fiduciary over the beneficiaries. If you notice these issues, gathering documents and seeking legal advice can help you understand whether the conduct may violate EPIC or the terms of the will or trust. A fiduciary litigation lawyer can then advise you on whether court action is appropriate.

Can a Fiduciary Be Removed by the Court?

In some situations, a probate court can remove a fiduciary who has failed to perform their duties, engaged in misconduct, or is no longer able to serve. The court will review evidence of the fiduciary’s actions and consider whether a different person should be appointed to protect the estate or trust. The process usually begins with a formal request to the court outlining the problems and the relief being requested.