734-359-7018
Now Accepting New Clients!
Blog

PROBATE 9: Probate court disallowed trustee travel expenses.

In this case, John a beneficiary and a former trustee of the Trust, argues that the probate court erred by disallowing his claimed travel expenses.  John argues that the probate court erred by disallowing his travel expenses because Gary, his brother, recovered travel expenses in an earlier accounting.

MCL 700.7111(1) provides that interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust, including the approval of a trustee’s report or accounting. John concedes that all interested persons agreed to allow Gary reimbursement for the expenses of traveling. The parties did not reach an agreement regarding John’s claimed travel expenses in the subsequent accounting at issue. Further, the probate court found that John’s travel expenses were incurred only for John’s own benefit. The agreement to allow Gary’s travel expenses in an earlier accounting does not necessarily mean that the probate court was required to approve John’s travel expenses claimed in a later accounting. Therefore, John’s contention that the probate court acted inconsistently with regard to travel expenses is devoid of merit.

John further asserts that the probate court ignored the Trust, which states that each Trustee is entitled to reimbursement for reasonable out-of-pocket expenses and may receive reasonable compensation for services performed. The probate court’s finding that John’s travel expenses were solely necessitated by his relocation to Florida and were only incurred for John’s benefit implies that John’s claimed travel expenses were not reasonable. John identifies no basis for concluding that his travel expenses could be deemed “reasonable” under the Trust provision in light of the probate court’s findings. In sum, the trial court did not abuse its discretion by not permitting John to recover claimed travel expenses.

Trusts are one of the most commonly used estate planning documents and can serve a variety of purposes. We offer comprehensive guidance throughout the probate process, including distribution of assets to beneficiaries. We also have experience with litigating probate matters.

Contact Aldrich Legal Services

FSBO: 3 Tips to Help Effectively Sell Your Home

Many homeowners are taking real estate matters into their own hands, especially when it comes to their own homes. Some of the most difficult tasks FSBO sellers encounter are selling their home at the right price, understanding paperwork and selling...

How Is Debt Split Up In A Divorce?

For some, debt is inevitable. Many individuals have some form of debt whether it’s credit card debt or student loans. You and your spouse may have accumulated debt over the years and this raises a huge question. How is debt split up in a...

What Are Some Post Legal Divorce Issues?

Once a divorce is finalized, there still may be a few legal issues that can happen after the divorce proceeding. It’s even possible that new issues can arise after the divorce. In either event, a divorce lawyer can help guide you through these...

For Sale by Owner: Do You Need an Attorney?

  For sale by owner (FSBO) homes can be a daunting task. However, if you want to do it correctly and smoothly, it’s best done with some assistance from a real estate lawyer. A real estate attorney has the knowledge and experience to...

Michigan Marijuana Statutes

In the state of Michigan, the possession of marijuana is illegal unless you have a medical condition that is debilitating. Below we discuss the marijuana statutes in Michigan. Medical Marijuana The Michigan Medical Marijuana Act states that...

The Most Common Reasons for Real Estate Litigation

Real estate litigation can happen to anyone, from buyers and sellers to real estate agents, there’s always a potential for a lawsuit. With a lot of money on the line, it’s crucial to have an experienced attorney who has a great...

Refusing A Blood Alcohol Test in Michigan

In the state of Michigan, the law requires you to take either a blood, breath or urine test if arrested for an OWI. Michigan has an “implied consent” law which states that if someone lawfully arrested by an officer who has probable cause...

Do Background Checks Show Misdemeanors?

  Misdemeanors are often considered a less serious criminal offense compared to their felony counterpart. Common misdemeanors include reckless driving, petty theft, public intoxication, trespassing and more. Although misdemeanors don’t...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405