Can someone serve as an executor if they were charged with a felony?

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Can someone serve as an executor if they were charged with a felony?

Convivted 18 years ago for selling marijuana in a school district.

Asked on November 7, 2011 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no law against a convicted felon serving as an executor. The main requirement to be an executor is that the person chosen be mentally competent and be capable at the time of discharging the role. While there are a number of rules concerning how the executor should act (e.g. no self-dealing--that is, no putting his or her own interests ahead of those of the beneficiaries), there are few restrictions on who is eligible for the role. (Unless the will itself states that a potential executor is disqualifed by a conviction; that would be enforced.)

If the conviction you mention is the would-be executor's only conviction, it may be possible to expunge it; the would-be executor should consult with an attorney in detail about the situation if interested in pursuing this.


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