Can a person with a history mental and emotional problems open an estate and be appointed administrator. the history is documented and the person is disabled because of it
Hello,Thank you for using JA..What state is this in?,Has the person had a legal guardian appointed due to any mental problems?.
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Ok, then under NC laws, the only requirements for someone to be eligible to be an administrator are:.(b) Qualified PersonsIf the decedent did not name an executor in the will or dies intestate (without a will), the clerk of superior court will grant letters of administration to a person(s) who applies and is qualified to serve, in the following order:.(1) The surviving spouse of the decedent;(2) Anyone who is to receive property as indicated by the will of thedecedent;(3) Anyone who is entitled to receive property of the decedent by lawin the absence of a will;(4) Any next of kin;(5) Any creditor to whom the decedent became obligated prior todeath;(6) Any person of good character residing in the county who applieswith the clerk of superior court..A person may not serve if they fall into one of the categories below:.(c) Disqualified personsNo person may serve as a personal representative who:.(1) Is under 18 years of age;(2) Has been adjudged incompetent by the court and remains under such disability;(3) Is a convicted felon whose citizenship has not been restored;(4) Is a nonresident of this state who has not appointed a resident of the state to accept service of process in all actions or proceedings with respect to the estate;(5) Is a corporation not authorized to act as a personal representative in this state;(6) Repealed by Session Laws 1999-133, s.1, effective January 1, 2000;(7) Has committed acts which by law constitute a forfeiture of the right to serve;(8) Is illiterate;(9) Is a person whom the clerk of superior court finds otherwise unsuitable;(10) Was previously designated as executor of the estate but has renounced that office or otherwise chose not to carry out the duties of the personal representative [GS. 28A-4-2]..So as long as the person meets one of the first qualifications and none of the second, they can be appointed administrator. Simply because someone has had mental problems, that by itself would not disqualify them from serving as administrator..
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