Can a convicted felon probate an estate?

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Can a convicted felon probate an estate?

My brother died without making a Will. His son, my nephew, is his only child and my brother was not married at time of his death. Can he probate the estate? My nephew has mentioned that he would

probate the estate, if possible, and then name me his power of attorney so that I can handle my brother’s estate.

Asked on April 11, 2019 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When there is no Will, then the court must appoint a personal representative (which is like an executor). The court can appoint someone unless their appointment is challenged and there is clear evidence that the person is incompetent or otherwise unsuitable to serve as executor. In other words, the court will choose someone who is trustworthy and reliable. In other words, it will phoose someone who is qualified to serve since the personal representative is responsible for safeguarding the assets, paying the bills, In TX, the law disqualifies certain groups of people, including convicted felons, from serving in that capacity.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When there is no Will, then the court must appoint a personal representative (which is like an executor). The court can appoint someone unless their appointment is challenged and there is clear evidence that the person is incompetent or otherwise unsuitable to serve as executor. In other words, the court will choose someone who is trustworthy and reliable. In other words, it will phoose someone who is qualified to serve since the personal representative is responsible for safeguarding the assets, paying the bills, In TX, the law disqualifies certain groups of people, including convicted felons, from serving in that capacity.


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