[WSBAPT] convicted felon as trustee

[Mike Winslow]

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 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
<https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259
&cite=WAST28B.10.016&originatingDoc=N117D6BE0D8C711E2BEE7F574D9564B78&refTyp
e=LQ&originationContext=document&transitionType=DocumentItem&contextData=%28
sc.Search%29> ;
(f) Any community or technical college, as those institutions are defined in
RCW 28B.50.030
<https://a.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259
&cite=WAST28B.50.030&originatingDoc=N117D6BE0D8C711E2BEE7F574D9564B78&refTyp
e=LQ&originationContext=document&transitionType=DocumentItem&contextData=%28
sc.Search%29> ; 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 RCW that is not authorized under
the laws of the state of Washington to act as a fiduciary.
 
Rob Tulloch pointed this code section out. And thus the answer is ex-cons
may not serve.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, September 23, 2015 2:03 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] convicted felon as trustee
 
Have a client that would like to appoint a party who is a convicted felon as
his alternate trustee under an RLT and alternate AIF under a power of
attorney. 
A quick search via WestLaw Next does not disclose any statutory restrictions
on felons in Title 11, other than the rules about not serving as PR.
 
Is there any other restriction lurking out there in some other part of the
state law?
 
BTW; The party in mind to serve in these alternate roles was convicted of
Federal tax evasion many years ago. It was part of fall out of business
dealings by other family members. I have known the party for years and have
no concerns about their integrity, would trust them with my personal
finances without question.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
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