Trustees Not Easily Released from Liability

Trustees in Michigan can seek release for wrongdoing or just to prevent allegation of wrongdoing. See MCL 700.7909, which is part of the Michigan Trust Code; it says so. The problem is, without explicit instruction in a trust I don’t know for sure the circumstances under which a beneficiary’s release is valid. Here’s what I do know:

MCL 700.7821(3)(a) and (b) give two examples of when a release given to a trustee will not be valid. First, if its improperly induced by the trustee. Second, if the beneficiary didn’t know a material fact relating to a trustee’s breach of duty.