Can an incarcerated heir to property, be named as the PR for it, or are the other heirs (children) only able to be named PR?

Asked about 2 years ago - Brooklyn, MD

My husband would like have his deceased father's property put into his name. One of his brother's will willingly sign over a waive of bond to him. Another brother in incarcerated for a long term sentence. Does my husband still need to get a waive of bond from this brother, or does his incarceration leave him unable to be named as PR? Basically, I am asking, do we have to worry about this incarcerated brother or does he have no rights to the house

Attorney answers (2)

  1. 5

    Lawyers agree


    Answered . Unless he had something significant to do with causing the father's death, the fact of his incarceration doesn't alter his right to a share of the estate. One cannot be a PR if one has been "convicted of a serious crime" Since this is a followup question and because of the nature of the issues, it is pretty clear to me that your husband should have assistance from a lawyer. I make a lot of money handling situations where people decided they could do it without a lawyer and then mess up. Mess ups frequently occur where land and houses are involved. When I get hired after the mess up, my cost is typically higher because I have to undo the mess. My advice - call a lawyer now and get a consultation. Usually that is no cost or minimal cost.

  2. 1

    Lawyer agrees

    Answered . On March 9, 1984 Baltimore City Orphans Court Judge Michael Lee wrote a ground breaking opinion on which crimes would prevent a person from being a personal representative. I remember the case vividly because I was on the winning side in this reported opinion. The other side wanted a personal representative who had been convicted of shop lifting and I argued that was a crime of moral turpitude preventing someone from being a personal representative and prevailed. Call our office if you wish discuss your situation.
    John H. Denick

Related Topics

Inheritance rights and estate planning

Inheritance rights refers to the rights most states give to a spouse (and in some cases, children or grandchildren) that prevent you from disinheriting them.


Probate is the legal process for proving a will valid or invalid, appointing an executor, and distributing estate assets according to the will or state law.

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