If a son is a convicted felon in Florida and his father dies, is the felon allowed to choose who will represent him for the estate? There are no other children but the deceased has a sister. Can the sister be the administrator without the concent of the son?
Not sure about Florida law, but in Texas a convicted felon would be disqualified from serving as an executor or administrator of an estate. However, that would not stop such a person from being the applicant for a probate proceeding assuming that someone who would not be disqualfied would be able to serve as executor or administrator.
Hope this helps. If you think this post was helpful, please check the asnwer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
Is there a Will? If the father left a Will naming an alternate personal representative, that person would have priority to serve over anyone else as long as they qualify to serve (over 18, not a felon, etc.).
If there is no Will and the decedent's sister petitions for appointment as PR, then the son could certainly object, but he would have to file a competing petition to have another person appointed. Be aware that there is a limited time in which to file these documents.
If no petition for probate has been filed yet, the son should consult with a Florida probate attorney to have one filed to have a third party appointed (an attorney can serve as PR). Either way, the son should contact an attorney ASAP to protect his rights as a beneficiary.
The information contained in this posting is provided to you â€œAS ISâ€ and does not constitute legal advice. I am not acting as your attorney. I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this posting and its associated sites. The law changes very rapidly and, accordingly, I do not guarantee that any information on this posting or linked web sites are accurate and up to date. Additionally, the law differs from jurisdiction to jurisdiction, and is subject to interpretation of courts located in each county. Legal advice must be tailored to the specific circumstances of each case and the tools and information provided to you may not be an appropriate fit in your case. Nothing that you read or is provided on this web site should be used as a substitute for the advice of competent legal counsel in your jurisdiction.
The short answer is yes, you can decide. You cannot serve as Personal Representative (administrator) but you do get to decide who will be.
First, you need to check if there was a will and if someone was appointed in that will.
If there was no will, then the FL statutes tell who has priority. The first person is the surviving spouse if there is one. The second is a person selected by the majority of the heirs. If there was no will, no surviving spouse, and no other children, then you are the only heir. Since there is a surviving child (you) your aunt is not an heir. If you are the only heir then you get to decide.
Like the other attorney said, if your aunt already petitioned to be appointed as Personal Representative, then you need to hire an attorney to file a petition to appoint someone else as a Personal Representative. You may be able to find someone who won't charge you to be the PR, otherwise you could appoint a professional PR.
This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney before making any decisions based on this answer.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline