[WSBAPT] convicted felon as trustee

[Sam Furgason]

This is one of those situations where you can do anything you want, so long
as nobody objects. But .

I had a situation once where one party had been convicted of a felony by
pleading guilty for marijuana growing. He wasn't the grower, but the grower
had it where he lived. After a year the federal court completely wiped the
conviction off the records. Still, opposing counsel opposed his appointment
as trustee based on the theory that the statute still applied to his serving
as trustee because he had been convicted. That party withdrew from serving
rather than deal with the hassle and cost of getting a court ruling. It was
one of those hostile intra-family types of things.

S  

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Wednesday, September 23, 2015 3:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] convicted felon as trustee

 

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>
[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
<mailto:wsbapt at lists.wsbarppt.com> <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 <mailto: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.

 






_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbapt

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150923/3bc16e0e/attachment.html>