Pastor Named As Trustee Of Farmer’s Multi-million Dollar Trust Fund Is Accused Of Murder In California
A pastor who was head of a nondenominational Christian church in Hickman, California is being accused of murdering a farmer after being given control of the man’s trust. Being placed in charged of someone's trust is considered an fidicuary responsibility and therefore an estate planning matter.
Pastor Howard Douglas Porter is being charged with murder and embezzlement, after Frank Craig, 85, was crippled and then killed in two car accidents. Porter was driving the car both times.
Craig had a 4-million dollar trust fund that he placed Porter in charge of. The farmer believed that the pastor could help him build an agricultural center. Craig’s family has accused Porter of making friends with the farmer so that he could take control of Craig’s trust. Family members also believe that Craig persuaded Porter to remove his two sisters as beneficiaries and replacing them with Craig's church.
Investigators believe that Porter first tried to kill Craig in 2002, Porter he struck an oak tree after driving his truck off the road. Craig was crippled in this first accident.
In 2004, Porter drove his pickup truck into an irrigation canal and Craig drowned as a result.
A person who is a fiduciary is in a relationship of trust with the person who has given them authority over their trust, and they are upheld to high standards of conduct when they are fulfilling their fiduciary obligations.
A trustee can be personally liable for their actions if they engage in 1) breach of fiduciary duties, 2) negligence, 3) breach of contract, or 4) intentional misconduct.
1) Breach of Breach of Fiduciary Duties: The trustee acts improperly in regards to his or her fiduciary duties and does not act in the best interest of the person who appointment him or her.
2) Negligence: Trustees can be liable for negligence if they participated directly in the tortious conduct or failed to satisfy their fiduciary duties.
3) Breach of Contract: Failure of a person to do what they promised in a contract.
4) Intentional Misconduct: When a person acts in a way that is intentionally harmful. This includes intentional criminal and fraudulent acts.
Appointing a person to be the trustee of your trust is a huge responsibility, and you may want to seek the advice of an attorney first. Sagaria Law, P.C. handles estate planning matters in Santa Clara County, Alameda County, and Monterey County. Contact Sagaria Law, P.C. for a free consultation.
Pastor Accused Of Murder Plot Appears In Court, KTVU.com, December 1, 2006
Meeting Your Fiduciary Responsibilities
Related Web Resource:
Selecting A Trustee, Cambridgeappleton.com
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