Legal Question in Wills and Trusts in Washington

Executor

If a parent wants to name an adult child as excutor of their estate and was told that if they had a felony conviction they couldn't name that person is there any way around it. The parents really want this person as it is the person they trust most to fulfill that position. The conviction was 15 years ago and all obligations were met. They don't understand why this is.


Asked on 2/10/09, 4:59 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Executor

There is a prohibition on a person with a felony or misdemeanor conviction for a crime of moral turpitude being appointed as the personal representative or the notice agest of the estate. There is no specific definition of what are crimes of moral turpitude in WA state, but the general definition includes:

Making false representation,

Knowledge of such false representation by the perpetrator,

Reliance on the false representation by the person defrauded,

An intent to defraud,

The actual act of committing fraud.

Crimes which are generally assumed to require evil intent:

Arson, Blackmail, Burglary, Embezzlement, Extortion, Forgery, Fraud, Larceny, Malicious destruction of property, Receiving stolen goods (with guilty knowledge), Robbery, Theft, Transporting stolen property (with guilty knowledge)

As to why this is the way it is, you should take up with your State Representative or Senator.

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Answered on 2/11/09, 10:39 pm


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