My brother-in-law says he can't be executor because of his felony. My mother-in-law passed away and he inherited everything; house, land cars,ect. and now he can't be executor? Please advise.
Even though I don't practice in New York, most states prohibit persons from serving as an executor when they have a felony conviction. Your brother in law should probably ask another sibling if they would serve as executor.
Just because he gets all the assets from the estate does not entitle him to be executor. So he will not be the executor due to his felony status, but he is still entitled to receive what he is entitled to under the will. If the mother-in-law named an alternate executor, then that person is the one that should serve. If she did not name an alternate, then the court must approve a successor. Get with an experienced estates attorney to assist you here and with the estate administration generally.
Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. His phone number is 215-735-2336 or his email address is listed below.
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
That is in fact the law in New York. He may be able to designate someone else to be the administrator (I am assuming your mother-in-law died without a will). The worst case scenario is for the Court to appoint a public official to administer the estate. Many of the New York counties have an office of a public administrator. For other counties, I believe the County treasurer may have those functions. The fees for administering an estate under those conditions are as high as 12% of its value. Your brother-in-law should consult an attorney on this matter.