General Question

Marissa64's avatar

Can a convicted felon act as trustee to a trust or estate?

Asked by Marissa64 (19points) October 22nd, 2007
Observing members: 0 Composing members: 0

8 Answers

sjg102379's avatar

As far as I know, yes, assuming that the person who set up the trust wants them to be the trustee.

hossman's avatar

Assuming the felon is no longer incarcerated, it’s probably possible in theory, but your state might have some statute prohibiting this, and you should check with an estate planning attorney.

On the other hand, why appoint a trustee whose past conduct, especially if the felony involved some sort of fraud or dishonesty, would cast doubt upon their conduct in any court proceeding? Even if the trustee did not behave inappropriately, the appearance of impropriety might lead to litigation. I’d suggest staying away from this situation if possible.

Marissa64's avatar

It’s my deceased grandmother’s trust – left the house to my mom who just passed away and my uncle – who was just released from prison for child pornography charges. He was previously banned from acting in a fudiciary role for any company he worked for due to keeping money from employees’ 401K’s. I thought this would be reason we could get him removed as trustee.

Marissa64's avatar

It’s my grandmother’s trust. She died & left my mom and uncle was co-trustee’s. Mom is deceased, uncle was just released from prison for child pornography charges. In a seperate case, he was banned from ever acting in a fudiciary position for any company after he & his business partners kept money from employees’ 401k accounts. I thought this was be just cause to have him removed as trustee.

sjg102379's avatar

Ah, with that information, things look a little different. Was your grandmother aware of all this before she appointed him, or did this all happen after his appointment. If she was aware of all this and chose to appoint him anyway, there may not be a whole lot to be done. If this is newer information, then you may be able to challenge him as a trustee.

Marissa64's avatar

Grandmother appointed him & my mom. All this happened after Nana died.

rgoldstein's avatar

My mom recently passed away and she appointed me as co-representative to her will and co-trustee to her trust. I had a substance abuse problem over 19 years ago and as a result had a drug related felony charge. I have been clean and sober and teaching school in Florida with no incident since then . Will I be able to act as co-representative and co-trustee as per her wishes?

rgoldstein's avatar

If you had a felony conviction in the state of Florida in 1990(over 19 years ago) are you allowed to act as a co-trustee or co-representative to a will that was drawn up by my mother in 1998 . She lived in Florida as well and was well aware of the situation and wanted me to serve as co -reprsentative and co-trustee to her estate. I have a sister who is trying her best to get me removed. What are my legal rights?

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