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Dan, Retired JD
Category: Legal
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Experience:  Retired attorney, general practice, with an additional background in financial planning,
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can I be the executor of an estate if I have a prior

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Can I be the executor of my parent''s estate if I have a prior felony conviction? It was a conviction for receiving stolen property some 22 years ago. It is my parent''s wish that I be executor, and they stated as much in front of my Aunt and 1 of 2 sisters. I f it matters, I and my parents live in South Carolina.


There is no law in South Carolina that says that an executor must pass a background test before they can be appointed to the position by a court.

However, it is not inconceivable that someone who has an interest in the estate could object to the court at the time of your nomination. Keep in mind that the person named in the will is only nominated to the position of executor. The court has the authority to chose who will actually serve in that position. The court normally honors the decedent's request as to who is appointed. But if there is an objection the court could chose to not follow the nomination in the will.

I hope this has helped. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)

Thank you,



The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

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