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Can a convicted felon be an executor of a will under Ohio…

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Can a convicted felon...

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

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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?

Submitted: 2 years ago.Category: Criminal Law
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Answered in 6 minutes by:
3/4/2016
Criminal Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 39,258
Experience: Former administrative hearing officer
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Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

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Criminal Lawyer: Loren, Lawyer replied 2 years ago

Are you online with me?

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Criminal Lawyer: Loren, Lawyer replied 2 years 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.

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Criminal Lawyer: Loren, Lawyer replied 2 years 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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