Disqualified to Serve as Executor?

Under Texas law, if you have ever been convicted of a felony or a crime involving moral turpitude (such as embezzling funds), you are automatically disqualified from serving as an Executor and received Letters Testamentary or Letters of Administration.  There is no way around it.

What if you had a child that did something really dumb when they were 18 years old and they were convicted of a felony, but they have grown up to be a fine upstanding citizen and in no trouble with the law for the last 20 years? They still can’s serve as your Executor.  Don’t even bother naming them in your Will as Executor, since the judge will not be able to appoint them. It is not personal; it is the law.

What if your spouse was the one convicted of the felony?  They still can’t serve.

If you have named someone in your Will that is later convicted of a felony or a crime involving moral turpitude, you should update your Will to name someone else.  If they are named Executor but are disqualified from serving, the court will have to be told that they are disqualified (which is a matter of public record), so that the next alternate named will be able to serve.  Please save everyone the embarrassment.

Please let us know if you have any questions or need assistance with updating your documents.

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