Trustee Quandary: Criminal Activity By A Beneficiary With Or On Trust Property

David F. Johnson had his article entitled “Trustee Quandary: Criminal Activity By A Beneficiary With Or On Trust Property,” published in the Texas Tech Estate Planning and Community Property Law Journal in the spring of 2020. The cite is: Trustee Quandary: Criminal Activity By A Beneficiary With Or On Trust Property, 14 Tex. Tech Est. Plan. Com. Prop. L.J. 479 (Spring 2022). The article addresses the various issues around a trustee managing a trust where there is a beneficiary who may use trust property for criminal activity. It addresses the duty of loyalty (and is limits), the duty of confidentiality, the duty of care and the risks associated with a beneficiary using trust property for criminal activities, modifying trusts to address criminal behavior, the Slayer rule and drafting considerations, the duty to preserve evidence and the duty to report crimes, and the advice of counsel. The article is attached.

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