Can a convicted felon be the executor of a Will?
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Can a convicted felon be the executor of a Will?
I live in OH and my brother is the executor of my deceased mother’s Will. He’s a convicted felon. Can this make him ineligible to be the executor?
Asked on November 30, 2011 under Estate Planning, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the person who signs his or her will designates someone who is a convicted felon the executor of the Will, there is nothing statutorily prohibiting this. However, beneficiaries under the Will have the right to contest the convicted felon from being the executor usually by filing a petition for such a contest.
The court then makes a decision on the matter and if the convicted felon is allowed to remain as the executor, the court may require that he or she post a bond as a condition to remain that that capacity and act as the estate's executor.
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