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.Ask a similar question
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