Can a person with a prior felony conviction be the successor trustee ofa living trust?

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Can a person with a prior felony conviction be the successor trustee ofa living trust?

Asked on August 13, 2011 California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oftentimes the only issue with being a successor trustee is the competency level and that you must be able to have the responsibility of being a fiduciary. Essentially, by being a fiduciary, you will be responsible for the proper maintenance of the trust assets, any debts of the trust, ensuring all beneficiaries receive what the trust directs them to receive. Of course, if you have a felony conviction which involves a financial issue, then essentially the beneficiaries may contest your appointment and could bring an action in court to appoint another successor trustee. If you are the one with the felony conviction and worry about being named or if you wish to appoint someone you have recently discovered has a felony conviction, then talk to the trust attorney for help.


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