[WSBAPT] Trustee disqualification

[Amy Goertz]

RCW 11.36.021
Trustees - Who may serve.

(1) The following may serve as trustees:

     (a) Any suitable persons over the age of eighteen years, if not otherwise disqualified;

     (b) Any trust company regularly organized under the laws of this state and national banks when authorized to do so;

     (c) Any nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and if the corporation is in compliance with all applicable provisions of Title 24<http://apps.leg.wa.gov/rcw/default.aspx?cite=24> RCW;

     (d) Any professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys;

     (e) Any state or regional college or university, as those institutions are defined in RCW 28B.10.016<http://apps.leg.wa.gov/rcw/default.aspx?cite=28B.10.016>;

     (f) Any community or technical college, as those institutions are defined in RCW 28B.50.030<http://apps.leg.wa.gov/rcw/default.aspx?cite=28B.50.030>; and

     (g) Any other entity so authorized under the laws of the state of Washington.

     (2) The following are disqualified to serve as trustees:

     (a) Minors, persons of unsound mind, or persons who have been convicted of (i) any felony or (ii) any crime involving moral turpitude; and

     (b) A corporation organized under Title 23B<http://apps.leg.wa.gov/rcw/default.aspx?cite=23B> RCW that is not authorized under the laws of the state of Washington to act as a fiduciary.


Amy J. Goertz, J.D.
Elder Law Group PLLC
(Formerly Lynn St. Louis Law Office PLLC)
207 W. Nora Avenue
Spokane, WA  99205-4848
Phone:  509.468.0551
Fax:       509.465.9116
Email:  amy at elgwa.com<mailto:amy at elgwa.com>
www.ElderLawGroupWA.com<http://www.elderlawgroupwa.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Andrew Hay
Sent: Wednesday, October 14, 2015 10:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trustee disqualification

Hello Listmates - Does conviction of felony automatically disqualify someone from serving as a trustee?  If so - where is the authority on that?

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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