Legal Question in Wills and Trusts in California
Under California law, can a a convicted felon imprisoned in a federal penitentiary serve as a trustee for a family trust in which he is the primary beneficiary?
Can he appoint, or transfer this role to, another person to act in his stead and, if so, what sort of document would be required to accomplish this? Should the imprisoned person grant the representative power of attorney to act on his behalf?
Can an attorney work on behalf of the imprisoned felon and/or his appointed representative based only an oral agreement from the imprisoned person or his self-appointed representative?
Thank you for any information, assistance, or advice.
1 Answer from Attorneys
No California law prevents a felon from serving as a trustee. That fact, however, may be used by someone to petition the court to have the trustee removed -- particularly if the felony had something to do with fiscal improprieties.
The rules for appointing a successor trustee depend on the trust document. You would need to speak to a lawyer about this.
A written retainer agreement would be required between attorney and trustee/client if it is anticipated that attorney's fees and costs would exceed $1000.
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