Legal Question in Wills and Trusts in Michigan

Trust administration

Can a banks trust department be sued for what I considered is poor performance? It has basically the same $ value today as it did 25 years ago. Small income derived, but no growth.


Asked on 3/14/08, 11:19 am

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Trust administration

Yes, you can sue any trustee based upon a breach of their duties as well as any other claims that you might have. Your trustee, the bank, has a duty of loyalty, obedience and reasonable care. Your trustee owes you the duty to carry out their agency with reasonable care in light of local community standards and taking into account any special skills of the agent. They also have a duty to notify you of all principal matters coming to their attention.

The fact that your account has not grown in 25 years is very questionable. One wonders about the skill involved and the reasonableness of care.

You have a variety of remedies. You can sue for breach of contract or under tort law. You can bring an action for secret profits or to have an accounting.

If you would like my assistance in the matter, please contact me via my website at www.lawrefs.com.

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Answered on 3/15/08, 12:20 am


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