General Question

simondixie's avatar

Alabama law: Can a convicted felon be appointed as a trustee for his mother's large estate?

Asked by simondixie (4points) March 31st, 2011

This answer may vary from state to state——am especially concerned about alabama law. My brother has talked my mother into removing me from her estate (large amounts of land) and putting him on it alone. He is an alcoholic and has several alcohol related charges over the years. Even more, he has been convicted of a felony——trying to run over someone with his pickup truck (yes, I know, this doesn’t help our image in alabama, does it). My mother lives on a small teacher’s retirement (age 94) and if she has to go into a nursing home, she will need ALL of her estate, which will be dissipated if this goes through. HELP! What can I do?

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5 Answers

srtlhill's avatar

If he or she has paid their debt to society then probably yes.

perspicacious's avatar

Unless your mother is incompetent she may handle her real and personal property any way she wishes. Yes, she may appoint your brother trustee of a trust but not trustee over an estate. I’m not sure what you mean by that. She may also appoint him as executor of her estate in her will. This is my personal opinion; not legal advice.

bkcunningham's avatar

God forbid something happen to your mother. I hope she lives to be 194. But if something does happen to her, whomever is the executor of her estate will be responsible for the taxes. They must be paid within 9 months of her death according to Alabama state law.

Everything she owns would have to be sold if she didn’t have the cash to pay for a private nursing home. I don’t see any legal reason she can’t appoint any competent person, if she is competent, to see to her wishes.

optimisticpessimist's avatar

“Durable Powers of Attorney are wonderful documents when used appropriately, but their simplicity also makes them easy to misuse. It is critical to choose an agent (called an “attorney-in-fact”) who is impeccably honest, has good judgment, and will be sensitive to your preferences. These are not qualities about which you can make a quick judgment. Your agent should be someone you have known well for a long time and who manages his/her own business well. Your agent should consider your needs and wishes first in managing your assets, if that time comes.” from Legal Counsel for the Elderly. Although this does not directly answer the question, it does indicate an alcoholic may not be the best choice.

I saw nothing which said a felon cannot be given a power of attorney; however, I am neither a lawyer nor do I live in Alabama.

milkshake1978's avatar

Well I would say no because of his conviction whose to say this person won’t start some big drug cartel out of the estate.

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