If I have a felony on my record, would I still be eligible to be an executor?

UPDATED: Oct 1, 2022

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If I have a felony on my record, would I still be eligible to be an executor?

My father knew about all if this when he named me as executor last year.

Asked on September 27, 2017 under Estate Planning, New York

Answers:

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

Answered 5 years ago | Contributor

Every state has rules about who may or may not serve as the executor of an estate. In NY, an executor must be at least 18 years old, of sound mind and not been convicted of a felony. It makes no difference if the testator (i.e. the maker of the Will) knew about the conviction at the time that they listed the felon in their Will.

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

Answered 5 years ago | Contributor

Every state has rules about who may or may not serve as the executor of an estate. In NY, an executor must be at least 18 years old, of sound mind and not been convicted of a felony. It makes no difference if the testator (i.e. the maker of the Will) knew about the conviction at the time that they listed the felon in their Will.


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