Can a person with a felony be an executor of an estate?
Just because he gets all the assets from the estate does not entitle him to be executor. So he will not be the executor due to his felony status, but he is still entitled to receive what he is entitled to under the will. If the mother-in-law named an alternate executor, then that person is the one that should serve.
Can a testator name a person as an executor?
In most cases, a testator — the person who creates a will — can name anyone he likes as executor of his estate. His heirs may not agree with his choice, but there’s usually little they can do about it if there’s no legal reason why the person should not serve.
Can a stranger be appointed as an executor of a will?
This person may be selected by the majority of the beneficiaries, so it need not be a stranger. If someone has been named executor but that person is unable or does not want to serve, then he/she must sign a declination. This is a legal document (sample below) that declines being appointed as executor.
What happens if an alternate executor is not named in a will?
If the person named in a will to serve as executor is found ineligible under state law ( or simply declines to serve ), the alternate named in the will is next in line. If the will doesn’t name an alternate executor, or that person also can’t serve, state law determines what happens next.
Can a convicted felon serve as an executor of an estate?
For example, in New Jersey and Oregon, there are no laws stating that a convicted felon can’t serve as executor of an estate. In New Jersey, this applies even if the named executor is still in jail when the testator dies. In other states, such as Illinois, the law specifically states that a convicted felon can’t serve under any circumstances.
Can a testator name any person as an executor?
Any person can be named as an executor, but common sense should be exercised and only those capable and likely to be willing to take up the office should be named. A testator can name any person as his executor irrespective of their minority, incapacity, bankruptcy, criminal record, nationality or anything else.
Who is an executor of a will in Florida?
Special Rules for Out-of-State Executors. Florida is the only state that requires a personal representative to be a relative or spouse of the deceased person, or the spouse of a person who is qualified to be the personal representative. ( Fla. Stat.
Who is the executor of an estate in North Carolina?
After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it. Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in North Carolina.