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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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I have been named as executor of my Mothers estate. This was

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I have been named as executor of my Mother's estate. This was done in 2000, she has recently passed away, and I'm proceding with the probate , I saw the Lawyer today and he will procede with the filing. I had some legal troble in 2009, and did a plea agreement that resulted in a felony conviction I have completed all that was given to me by the courts, and have paid all of the fines. Is this going to cause me any trouble at this time. My Mother was aware of all and chose not to change anything. Thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

This estate is in Illinois, correct?

Is the attorney aware of your conviction?
Customer: replied 1 year ago.

Illinois is the state, and the attorney is not aware of the conviction, he did not ask anything of this nature, just looked at the will and stated that all looked good.

Expert:  John Elder replied 1 year ago.
Ruth,

Unfortunately the felony conviction disqualifies you from serving as an executor. To be officially appointed by the court you will have to swear that you have never been convicted of a felony. I suppose that the attorney just assumed that you had never been convicted of a felony. It is however your obligation to disclose this to assure that you do not swear to something false (perjury).

Here is the Illinois statute regarding qualification to serve as executor. I have added the bold section.

(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
Sec. 6-13. Who may act as executor.) (a) A person who has attained the age of 18 years and is a resident of the United States, is not of unsound mind, is not an adjudged disabled person as defined in this Act and has not been convicted of a felony, is qualified to act as executor.
(b) If a person named as executor in a will is not qualified to act at the time of admission of the will to probate but thereafter becomes qualified and files a petition for the issuance of letters, takes oath and gives bond as executor, the court may issue letters testamentary to him as co-executor with the executor who has qualified or if no executor has qualified the court may issue letters testamentary to him and revoke the letters of administration with the will annexed.
The court may in its discretion require a nonresident executor to furnish a bond in such amount and with such surety as the court determines notwithstanding any contrary provision of the will.
(Source: P.A. 85-692.)

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John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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