If one of the executors of my father’s Will went to jail after it was written, can he still be an executor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.