Cana convicted felon act as the executor of an estate?
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Cana convicted felon act as the executor of an estate?
Is this legal?
Asked on May 19, 2019 under Estate Planning, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There are restrictions on who can serve as executor in NY. A convicted felon, for example, would not be able to serve. Additionally, the person must be over the age of 18 and mentally competent. Also, a non-citizen who does not live in the state is not allowed by default but can be allowed with the court’s permission. Further, a person who does not have a good grasp on reading and writing the English language can be disqualified by the court as can someone who is proved to be an addict.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There are restrictions on who can serve as executor in NY. A convicted felon, for example, would not be able to serve. Additionally, the person must be over the age of 18 and mentally competent. Also, a non-citizen who does not live in the state is not allowed by default but can be allowed with the court’s permission. Further, a person who does not have a good grasp on reading and writing the English language can be disqualified by the court as can someone who is proved to be an addict.
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