Sister is executer of my Mother's Estate..can a convicted felon serve in this role in the state of Texas?

Asked over 2 years ago - Marianna, FL

Her background check has charges of Poss Cs Pg 1 < 1g in 1998..convicted. In 2007 also convicted for Poss Marij. < 2oz. and was also charged with Poss Cs Pg 1 < 1g which was deferred? My research is showing a convicted felon cannot serve as executer of estate. Already probated in August 2011.

Attorney answers (3)

  1. Steven J. Fromm

    Contributor Level 20

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    Answered . I will tell you this. In PA a felon could not serve as an executor. For removal for cause, please see my article entitled Pennsylvania Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_T... Even though this relates to PA law most states have similar rules. But get with an estates litigation attorney in TX to bring an action for removal and perhaps a surcharge action if warranted and of course an accounting for all activity to date.



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    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  2. Steven W. Ledbetter

    Pro

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    Answered . Texas Probate Code: Chapter V, Part 1:
    Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR. No person is qualified to serve as an executor or administrator who is:
    (a) An incapacitated person;
    (b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law;
    (c) A non-resident (natural person or corporation) of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court;
    (d) A corporation not authorized to act as a fiduciary in this State; or
    (e) A person whom the court finds unsuitable.

  3. Barry A. Stein

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    Contributor Level 18

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    Answered . Seek an answer from a Texas attorney

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more

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