Can a person who uses drugs be appointed the administrator of an estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person who uses drugs be appointed the administrator of an estate?
My mom who passed away 2 years ago has a personal injury lawsuit going on. She did not have a Will. Can her husband, who uses street drugs, be appointed the administrator of her estate
Asked on July 30, 2016 under Estate Planning, Rhode Island
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Technically, there is not legal bar to a drug user being appointed as the personal representative of an estate. That having been said, since there was no Will the probate court will have to make the appointment. Typically, it goes to a surviving spouse. However, any interested family member or friend can still apply to be appointed. Accordingly, if you or another want to apply, the court will decide who the best party is for the position. If you can provide evidence that your stepfather is not that person, you may possibly be appointed to adminster your mother's estate as personal representative.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, he can be: the law does not bar drug users from being executors. If he performs badly as an executor, whether or not the performance problem is due to drugs (e.g. he is careless with the assets; he fails to do critical paperwork; he ignores the instructions of the will; he diverts assets to himself; etc.), he could be removed as executor through a legal challenge in probate court--but that's because of failing as an executor, not due to drug use.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.