Undue influence statute of limitation in trust cases in michigan

Asked over 2 years ago - Sterling Heights, MI

How many years is the statute of limitations for undue influence in trust cases in Michigan.
If a person who had Revocable Trust died in say 2011 can a trustee of that trust be accused of undue influence for the deceased persons financial matters for years dating back to 1998,
1999, 2000, 2001 or 2002 ? Is there a Statute of Limitation on such matters in the State Of
Michigan. I think the law is six years. Is that correct?

Attorney answers (1)

  1. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . There is not enough information in your summary to really answer your question. Statutes of limitations are tricky beasts, because you *may* have an argument that the statute does not begin until you learn (or should have learned) that you had a potential claim.

    There are some general statutes of limitations that are six years. There is no statute that I am aware of regarding undue influence, but there are statutes related to time periods to contest a trust. Depending on the nature of the claim and the administration of the trust, your statute of limitations could be as little as 4 months. It could be a year. If the assets were all distributed several years ago, however, whether you technically could bring an action may make little difference, if the trustee is going to be uncollectible.

    Your case is going to turn not only on the applicable statute, if there is one, but also on the nature of your claim and the evidence that you have. The burden of proof is against you, even if you are within the statutory period for filing a claim. Your best bet is to take your evidence and meet with a qualified probate litigator in your area. He or she can tell you what your options are and what the likelihood of success is. Your question should not necessarily be, 1) Can I bring a claim? The question should be, 2) Can I win a claim?

    James Frederick

    I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice... more

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