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Trustee can collect fees for defending administration of trust

When one sister sued another for alleged mismanagement of their parents' trust, the Court held that the normal rules on recovery of attorneys' fees are modified by statute. The Court held that while attorneys' fees are only recoverable in exceptional cases where allowed by Court Rule or statute, a different standard applies to fees incurred by a Trust administrator, whose management is challenged, but who is guilty of no wrong-doing.  In this situation, fees are recoverable under the statutory scheme governing Trusts, rather than by reference to the general Court Rules.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262