Legal Question in Wills and Trusts in Minnesota

I am a felon who has had all my civil rights restored in Minnesota--the felonies were also committed in Minnesota. Can I be a pesonal representative for and handle an estate? My parents executed a will in 1976 (that has never been changed) naming me

executor/personal represerntative. My father has passed; my mother is still alive but has dementia. A prepaid burial arrangement is already in place. I caught my felonies in 2003--my civil rights were fully resoted with no restrictions in 2009.

Asked on 6/15/13, 4:06 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. I am sorry for the loss of your father, and sorry that your mother is ill. There is no statute prohibiting a convicted felon from serving as a personal representative. However, if the underlying criminal issues relate to a category of crimes known as 'crimes of dishonesty', then you should seek private attorney assistance and legal counsel regarding the matter. The attorney assisting you will be able to provide you with an abundance of legal advice. You should definitely choose an experienced, 'seasoned' attorney in such a matter. Note that this website provides general principles of law only and not the detailed private legal advice and counsel you likely need. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

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Answered on 6/15/13, 4:17 pm

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