Legal Question in Wills and Trusts in New York

executor dispute in wrongful death

What rights do the children of a deceased parent have in a wrongful death suit. The mother died and there is now the possibility of a law suit.

At the time of her death she was seperated from her husband but not yet divorced.

He has already been found guilty of one felony and is due to go on trial for for another felony violation.

Can a person found guilty of a felony be appointed executor of an estate?

Can one of the children be appointed executor?


Asked on 5/20/02, 9:03 pm

1 Answer from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: executor dispute in wrongful death

You will have to go to the Surrogate's Court and petition the court not to have the felon appointed as executor and have you appointed instead.

Daniel Clement

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Answered on 5/21/02, 11:00 am


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