Convicted felons inheriting property?

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Convicted felons inheriting property?

My stepfather passed away 7 years ago. He did not have a will. My mother has
done a probate and established his 2 kids as heirs along with herself. They have
not – even 7 years later – signed papers. Mom has just tried to refinance her
home only to find out that the two step kids are on the deed to her home. They
refuse to sign off of her home which she owned for 30 years before she married
her husband. They were sadly only married for 3 years.

The two step children are convicted felons – each having spent time in prison. In
this situation, are felons entitled to inherit property – especially being that she
and her husband were only married for a few short years?

Asked on May 13, 2018 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

There is no prohibition against a convicted felon from inheriting property. The only probate related restriction regarding a felon is that such a person cannot serve as an executor (if there is a Will) or personal representaive (if there is no Will).


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