Misappropriation, Trustees

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

Charles E. Rounds, Jr. - Suffolk University... on 5/27/2025

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Legislative appropriations that are deceptively marketed as trusts: The sagas of the Federal Social Security Trust Fund and South...

Charles E. Rounds, Jr. - Suffolk University... on 11/12/2024

Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions...more

Posts Resource Library Subscribe Prosecutors May Use Evidence Obtained from Trustee Without Warrant

Patterson Belknap Webb & Tyler LLP on 8/1/2024

We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts. Thomas...more

Michigan Court of Appeals Rules that Charity Affected by Proposed Settlement Agreement had Right to Intervene in Lawsuit to...

Warner Norcross + Judd on 1/24/2023

On December 22, 2022, the Michigan Court of Appeals issued a fascinating opinion which dealt with protection of the rights of a charitable beneficiary under the decedent’s trust. Estate of Evelyn R Ragsdale v. Bishop, Docket...more

Court of Appeals Granted Mandamus Relief To Transfer Venue To County Where A Trust Was Administered

Winstead PC on 12/15/2016

In In re Green, a beneficiary filed suit against a trustee for breach of fiduciary duty and misappropriation of corporate funds. No. 08-16-00233-CV, 2016 Tex. App. LEXIS 12830 (Tex. App.—El Paso December 2, 2016, original...more

Stanwich Clarifies Wagoner Rule in Fraudulent Transfer Cases

Patterson Belknap Webb & Tyler LLP on 10/15/2013

In the Second U.S. Circuit, the so-called Wagoner rule deprives a trustee of standing to sue third parties, such as lawyers and investment bankers, if the bankrupt corporation participated with them in defrauding creditors. A...more