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 over 1 year 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. George E Meng

    Contributor Level 12


    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. John H Denick

    Contributor Level 3


    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

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