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Loren, Attorney
Category: Estate Law
Satisfied Customers: 32023
Experience:  30 years experience in the practice of estate law.
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Can a convicted felon be an executor of a will under Ohio

Customer Question

Can a convicted felon be an executor of a will under Ohio law? How about having charge of Powers of Healthcare, Attorney and Finance? Thank you, ***** ***** Osipow, Columbus, Ohio
JA: Thanks. Can you give me any more details about your issue?
Customer: My brother is the executor of my ailing dad's will. My sister and I have been shut out of all information and decision making involving my dad and have very little contact with him. Our phones call to him are listened to and our emails to him a re deleted. My brother is a convicted sex offender. can convicted felons have charge of an estate or any powers of attorney, healthcare or finance?
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Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

It is not prohibited per se, under Ohio law for a convicted felon to serve as an executor, or any other fiduciary capacity. However, it is within the discretion of the court to examine the qualifications. It is unlikely that a probate judge would allow anyone convicted of a crime involving dishonesty to act in a fiduciary capacity for an estate.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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