Tuesday, 8 September 2015

Convicted Felon As Personal Representative

When you die, the property you leave behind is known as your estate. To wind up your affairs and distribute this property, the court must appoint a personal representative to handle these tasks. Typically, the representative is a trusted person you nominate in your will as executor or who the probate court appoints, if you died without a will.

Qualifying as Personal Representative
The laws of each state vary somewhat, but generally, the court will not appoint a convicted felon as an estate's personal representative, such as in Indiana and Florida. In other states, such as Missouri and Washington, if a personal representative is convicted of a felony after the court has appointed him as a personal representative, the court will remove him from this position. In contrast, some states, such as Nevada and Oregon, permit a convicted felon to serve as the personal representative, if the probate court determines that the conviction does not warrant disqualification. The court makes such decisions on a case-by-case basis.

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