Deandrew Johnson II Living Estate Trust v. State of Alabama

On October 22, 2025, the Deandrew Johnson II Living Estate Trust filed a federal lawsuit against the State of Alabama challenging the constitutionality of civil asset forfeiture proceedings. The case arose after state law enforcement agencies seized assets held by the trust, alleging they were connected to criminal activity by Deandrew Johnson II, the trustor. The trust argued that the seizure violated its due process rights under the Fourteenth Amendment, as the property belonged to the legal entity rather than the individual accused of wrongdoing. The complaint sought declaratory and injunctive relief to prevent forfeiture without a prior criminal conviction, raising critical questions about the intersection of property rights, trust protections, and state police powers.

As of mid-2026, the case remains pending in the United States District Court for the Middle District of Alabama. The court has denied the state's motion to dismiss, allowing the trust's constitutional claims to proceed to discovery.

Whether the State of Alabama violated the Fourteenth Amendment Due Process Clause by seizing assets belonging to a living estate trust without first obtaining a criminal conviction against the trustor or providing adequate post-seizure hearings for the trust entity.

The case has garnered attention from civil liberties organizations and estate planning professionals nationwide, highlighting the tension between aggressive forfeiture tactics and the legal protections afforded to trusts. If successful, it could establish new precedents requiring states to respect the separate legal identity of trusts in forfeiture actions, potentially curbing law enforcement practices that target assets held in estate planning vehicles without direct proof of criminal instrumentality.