If one of the executors of my father’s Will went to jail after it was written, can he still be an executor?

Asked on April 16, 2015 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Generally speaking, no, an incarerated person or a convict is disqualified under the state law to act as the fiduciary of an estate.  You states the questions as "one of the executors" meaning that there are two, correct?  Then the other named co-executor will act as the fiduciary but if your Father is still alve he may want to amend that portion of the Wlll and name another co-executor.  Good luck.


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