[WSBAPT] convicted felon as trustee

[Paul H. Grant]

And what if the only beneficiary is the trustee for their own trust share?  If the felon trustee is only over their own portion of the trust is the conflict and protection intended by the statute moot?

Sent from my iPhone ~ Paul H. Grant

> On Sep 23, 2015, at 3:12 PM, Doug Schafer <schafer at pobox.com> wrote:
> 
> Who would have standing to challenge the reformed felon's appointment as trustee or POA agent?  Could those with standing be permitted to waive any objection, either by simply signing a waiver/consent or else by a TEDRA nonjudicial agreement?
> 
> Just wondering.
> Doug Schafer
> 
>> On 9/23/2015 2:26 PM, Sam Furgason wrote:
>> 11.36.021(2)(a):
>> (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
>>  
>> 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 <wsbapt at lists.wsbarppt.com>
>> 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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