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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 56569
Experience:  Licensed attorney helping individuals and businesses.
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My fiance is a non violent convicted felon from many many

Customer Question

Hi. My fiance is a non violent convicted felon from many many years ago. His civil rights have been restored. My question is can he be named an executor in his mother's will. She has named him and his sister. Someone told me that he can not be an executor but they did not know that his civil rights had been restored. Does that make a difference?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

Hello

Expert:  Infolawyer replied 1 year ago.

No. There is a statutory exclusion that would prevent such a person from being the personal representative (Florida term for "executor." The section is 733.303.  

Expert:  Infolawyer replied 1 year ago.

In this situation since he cannot serve, his sister would serve alone. Mother can also amend the will and name someone else. Keep in mind that he can be a beneficiary, just not a representative.

Expert:  Infolawyer replied 1 year ago.

civil rights restoration does not change this exclusion. I trust the answer is fast and clear. Kindly rate it positively.