Is it illegal for a person on disability to be an executor of their mother’s estate?

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Is it illegal for a person on disability to be an executor of their mother’s estate?

The disability is physical not mental.

Asked on November 23, 2015 under Estate Planning, Michigan

Answers:

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

Answered 5 years ago | Contributor

The qualifications for who may serve as an executor are, as a general rule, not very strict. Most jursidictions require that an individual executor be 18 years old (i.e. not a minor)can and be mentally competent. Some states also require that an executor not be a felon or, if the executor lives out of state, a bond must be posted or an in state co-executor be appointed. A physical impairment would not automatically render an individual ineligible to serve as an executor.


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