Legal Question in Wills and Trusts in California

Of course it is. You do not want to name that spouse as executor of your Will if they will be in prison [you can actually state that X will be the executor as long as he is not in jail], are dishonest, have their own major financial problems that might tempt them into using the estate assets to solve their own problems, etc. Working out a good estate plan involves more figuring out what you want to occur then applying the correct legal requirements.

Your question suggests that your spouse doesn't have a criminal defense lawyer to ask, which is not the best state of affairs, is it.

To echo Attorney George Sears, above, "Of course it does." There are a host of circumstances that, in my opinion, that are important to know before giving you solid advice. Only an experiened estate planning attorney (not an assistant or paralegal) can properly evaluate your situation. To advise you best, that lawyer will have to discuss your circumstances in detail, in a face to face setting, probably more than one. Depending upon your situation, there might be many related issues to consider, including protection of any children, protection of your assets, and possibly public benefits planning, etc.

You're kidding, right?