i am named PR for my fathers estate, in the revocable living trust and in his will. i am the oldest of 3 offspring/beneficiaries, the most capable of us 3 and
Real Estate Attorney
Florida Statute 733.303 states once you have been convicted of a felony you are not qualified to serve as Personal Representative. You may still be qualified to serve as Trustee of the Trust, depending on the terms of the Trust. Seek the advice of an experienced estate attorney to guide you through the administration of the Trust.
Answers to questions on this site are not intended to be specific legal advice nor create an attorney-client relationship. Hiring an attorney is a very important process which requires a high degree of diligence as well as entering into an agreement regarding the services to be provided and the fees to be charged.
Criminal Defense Attorney
Mr. Davis is right, a convicted felon cannot be a PR. Perhaps the alternative named in the will, should be appointed. However, you mention probation and we need to know whether adjudication was withheld in the charges against you. This would mean that you are not a convicted felon.
R. Jason de Groot, Esq., 386-337-8239
Make sure you retain records relating to what you were convicted of and when you were convicted as well as the documentation relating to restoration of your civil rights. Appointment to be personal representative is still up to the probate Judge no matter what it says in the will and the Judge will probably want more information as to whether you can qualify to be a personal representative considering the restoration of your civil rights. The statute relating to appointment of a personal representative specifically says persons convicted of a felony are not qualified. Documentation relating to restoration of civil rights will reflect whether all or some of your civil rights were restored.
Answering this question is for educational purposes only and is not intended to establish an attorney client relationship
Personal Injury Lawyer
It would depend upon whether you obtained a full restoration of rights. Most people who obtain rights restoration in Florida only obtain partial rights, which is simply an application & reveiw process. If you received a withhold of adjudication then you are not a convicted felon under Florida Law (for that case) , and if you receive a full restoration of rights after being adjudicated the you have been "unconvicted" and should be eligible to serve. A good test is to see if your firearms right have been restored. if not, you only a have a partial restoration, bu if they have been restored the likely you have a full restoration. An attorney should review your record and advise you accordingly!!!!