in michigan, can you be a executor of a will if you have a felony?

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in michigan, can you be a executor of a will if you have a felony?

In Michigan can you be an executor of a will if you have a felony?

Asked on October 3, 2018 under Estate Planning, Michigan

Answers:

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

Answered 3 years ago | Contributor

Unlike some other states, MI law provides no specific requirements that an executor must meet on then being someone who is over 18. Accordingly, a "testator" (i.e. the person who is making a Will) is free to name any adult who they trust to be their executor. Therefore, the court must appoint the person named unless someone else challenges the choice of executor and there is clear evidence that the person so named is “incompetent or unsuitable” to serve. What constitutes incompetnt or unsuitable will be decided on a case-by-case basis by the probate court.

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

Answered 3 years ago | Contributor

Unlike some other states, MI law provides no specific requirements that an executor must meet on then being someone who is over 18. Accordingly, a "testator" (i.e. the person who is making a Will) is free to name any adult who they trust to be their executor. Therefore, the court must appoint the person named unless someone else challenges the choice of executor and there is clear evidence that the person so named is “incompetent or unsuitable” to serve. What constitutes incompetnt or unsuitable will be decided on a case-by-case basis by the probate court.


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