Trustee Quandary: Criminal Activity by a Beneficiary with or on Trust Property
It is not uncommon for a beneficiary of a trust to commit criminal activities on or with trust property. The prevalence of drug abuse and addiction issues adds to the likelihood. This webinar will provide suggestions for trustees in this situation, and attorneys who represent them, and address several important concerns. The speaker will discuss:
- A trustee’s duty of loyalty to a beneficiary and that duty’s limits;
- A trustee’s duty of confidentiality;
- A trustee’s duty to properly manage trust assets and keep them safe;
- A trustee’s potential liability for negligently entrusting trust property to a beneficiary;
- A trustee’s potential liability for civil forfeiture due to criminal activity;
- A trustee’s use of bad-boy provisions in a trust and the option to modify a trust;
- A trustee’s duty to consider slayer-rule issues;
- A trustee’s ability to pay trust benefits for the care of a beneficiary;
- A trustee’s advice of counsel defense;
- A trustee’s duty to report criminal activity;
- A trustee’s duty to preserve evidence; and
- Best practices when faced with a beneficiary who commits crimes.
Presented by: David F. Johnson
CLE: 1.0 general credit
Approved States: CA, CO, NJ, NV, NY, OK, PA, VT
(AK, AZ, CT, MO, ND, NH, TX eligible to claim credit)
We will supply you with the information needed to apply in other states.
Contact shopcle@wealthcounsel.com for CLE assistance.
WealthCounsel members: This CLE eligible program is complimentary for WealthCounsel members. Please access and view it here via the member website for optimal experience and inclusion in your CLE Profile Account.