Legal Question in Wills and Trusts in California

Re: Can a convicted felon act as trustee to an estate?

Yeah, as you described it, almost definitely. If the convicted felon has a history of embezzlement/etc... then it is certainly grounds. You should seek the assistance of an attorney.

Re: Can a convicted felon act as trustee to an estate?

I should add that this does not preclude him from becoming a beneficiary of the estate... and that if he is the only beneficiary (meaning your Mother's interest does not survive her or pass on to you), then it would be highly irregular for a court to remove him as trustee of a trust that he is complete benficiary for.

I would also add that you are going to need to prove that this previous incident occured, conviction record, etc.

Re: Can a convicted felon act as trustee to an estate?

You can certainly try. It may be, but it has to be done by court action. Whoever the beneficiaries of the trust are that will take have a cause of action for waste of trust assets and for equitable relief to replace the trustee to avoid waste of the trust estate.