Legal Question in Wills and Trusts in New York

Re: eligibility to be executor of a will

Larry is correct...a convicted felon cannot serve as executor (See 755 ILCS 5/6-13(a)). Normally if a successor executor is designated and qualified to act, then that person is next in line to become executor. If none is desginated, the preference to become executor is based on Illinois statute by relationship to the decedent. If you need assistance in this matter, feel free to call me at (847) 991-2250.

Re: eligibility to be executor of a will

I believe on those facts, a court would NOT appoint the uncle as executor. Perhaps you should petition to have the alternate executor or someother close relation appointed.

Please feel free to contact me if I can be of assistance in this regard.

Daniel Clement

[email protected]

212-683-9551

Re: eligibility to be executor of a will

He is elgible, but you have grounds for removal or severe limitation of execuetors'powers, I doubt if he can get Bonded, best to see a lawyer to get this before the probate court.

Re: eligibility to be executor of a will

No, assuming at least one of his convictions was for a felony. Convicted felons are not qualified to act as executors. Thus, you should object in court to the appointment of your brother as executor. Even though he may be named as executor in the will, the judge presiding over the probate of the will has the power to appoint another as executor. You should ask the judge to do that. I would be happy to help you do that. Feel free to contact me if you want my help. Larry Stein. (630) 221-1755.