Legal Question in Wills and Trusts in California
Executors of trust??
Can a primary executor of record,whom has a felony, relinquish executorship to a third party(ie, principal's tax preparer) circumventing secondary executor of record. Does a felony of record disqualify primary executor from taking action and/or qualifying for durable power of a attorney.
Since principal of will was unaware or ill-advised of qualifying perameters of executorship, can all actions since the demise of principal be deemed invalid and revert back to secondary executor of record.
1 Answer from Attorneys
The written trust instrument should control who is serving as trustee. Did Trustee relinquish his title or merely engage the tax preparer to act as his agent? Trustees are generally permitted to engage necessary professionals. Having an old felony on one's record would not automatically disqualify someone from serving as a trustee. It would depend on specific facts. The Court will want to honor the principal's wishes if possible, but that includes having an alternate trustee take over if appropriate. Only an attorney reviewing the specifics of the trust and the situation in greater detail can provide a better guide for what rights you may have.
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