Cana convicted felon act as the executor of an estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Cana convicted felon act as the executor of an estate?

Is this legal?

Asked on May 19, 2019 under Estate Planning, New York

Answers:

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

Answered 2 years ago | Contributor

There are restrictions on who can serve as executor in NY. A convicted felon, for example, would not be able to serve. Additionally, the person must be over the age of 18 and mentally competent. Also, a non-citizen who does not live in the state is not allowed by default but can be allowed with the court’s permission. Further, a person who does not have a good grasp on reading and writing the English language can be disqualified by the court as can someone who is proved to be an addict.

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

Answered 2 years ago | Contributor

There are restrictions on who can serve as executor in NY. A convicted felon, for example, would not be able to serve. Additionally, the person must be over the age of 18 and mentally competent. Also, a non-citizen who does not live in the state is not allowed by default but can be allowed with the court’s permission. Further, a person who does not have a good grasp on reading and writing the English language can be disqualified by the court as can someone who is proved to be an addict.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption