QUESTION
Can someone with a felony conviction in his past be the trustee of a will?
Asked on Jul 27th, 2013 on Estate Planning - Washington
11 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Trustee is not for a Will, it is for a Trust and no they cannot.
Answered on Jul 31st, 2013 at 9:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no trustee of a Will. There is a trustee of a Trust. Any person can serve as Trustee who is nominated and appointed by the trust grantor. The personal representative must be appointed by a probate court. Someone nominated as PR in a Will (who would otherwise have priority), may be rejected by a judge, if the felony would be relevant. Any interested party can object to the appointment of the PR.
Answered on Jul 31st, 2013 at 9:58 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Not if the court requires a bond. A bonding company will not provide a bond for someone with a felony conviction.
Answered on Jul 31st, 2013 at 9:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He or she can be the personal representative under the will, unless the court determines that the person is not a good risk.
Answered on Jul 31st, 2013 at 9:58 PM
Thomas Edward Gates
A Will identities either an Executor or Personal Representative to handle the probate. A felon conviction does not permit this individual to serve.
Answered on Jul 31st, 2013 at 9:58 PM
Yes, except if it is a Will then the person is the executor; a trustee is the person in charge of a Trust. A felon can serve in either position.
Answered on Jul 31st, 2013 at 9:58 PM
3 Awards
Yes, but the judge is not obliged to appoint the felon. The judge may require a bond even if the Will waives it.
Answered on Jul 31st, 2013 at 9:58 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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"Trustee" and "will" don't necessarily go together. The person named to see a will through the probate process is the "personal representative." A person named to be personal representative must inform the court of his felony conviction. It does not disqualify him from serving, unless the court feels that the felony committed was of a type that makes the person unsuitable: embezzlement, theft, for example.
Answered on Jul 31st, 2013 at 9:58 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The answer to your question will be determined by whether a bond will be required by the will or the court to be posted by the nominated executor.
Answered on Jul 31st, 2013 at 9:58 PM
2 Awards
Yes but it is not advisable.
Answered on Jul 31st, 2013 at 9:58 PM
It would depend upon the crime. No one would want a person with an embezzlement conviction in charge of an estate. But if a person had been convicted of manslaughter, had completed the prision term, and had led a crime-free life thereafter, he should be able to perform the executor duties as well as anyone.
Answered on Jul 31st, 2013 at 9:58 PM