We recently received a call from a potential client whose mother died years ago. He and his brother are the only surviving heirs. Being that both brothers were convicted felons, they were advised by someone that they could not be the administrators or executors over their mother’s estate. Not knowing what else to do, they signed off on having one of the brother’s children be executors. Fast forward to two years later, today they are in a worse predicament than when they started. One of the children stole $100,000 from the estate, and the other cannot be reached for months. The brothers are now at risk of losing their entire inheritance which was about $500,000 at the mothers’ death. What are their options?
Can a Convicted Felon be appointed as executor of an estate in New York?
Short answer and almost always the answer is no. Under NY law, to be an executor or an administrator over the estate, you have to be a US citizen or permanent resident and not a convicted felon. The law provides one exception though for felons. If the proposed Executor is a convicted felon, a copy of the Certificate of Relief from Civil Disabilities must be submitted. This is applicable if the decedent dies with a will or without a will.
Whether someone is eligible to receive a Certificate of Relief from Civil Disabilities (CRD) depends on the number of convictions. If you were convicted of one felony then you might be eligible. If you were convicted of several felonies in the same court simultaneously then you may still be eligible. But if you were convicted of two or more felonies not at the same time, you can’t apply for a CRD.
Whether the two brothers in the example above qualified for a CRD is unknown.
Another issue with applying for a CRD is time. Getting this certificate can take months and sometimes the estate doesn’t have that long to wait. An estate property may be going into foreclosure or some other exigent circumstances may require that an estate be commended ASAP.
How can a felon administer or probate an estate?
If the heirs to the estate all have felony convictions and they don’t qualify for a CRD, there is a solution. A better option for the two brothers in the example would have been to consent to appoint their estate lawyer as the executor or administrator. This way, the estate attorney would essentially be their agent. Yes, there are bad characters in the legal profession too, but the chances of a probate lawyer stealing the assets are low compared to family members with a checked past. Money makes people do bad things, family or not. And, most people are not used to seeing a large amount of money in a bank account that they have full control over. Probate lawyers hold large sums in their bank accounts for clients frequently, and they are often asked to be administrators and executors by foreign clients and by clients that don’t qualify themselves. Also, the biggest deterrent for estate lawyers from doing something improper is losing their law license forever.
How do you find a probate lawyer to administer the estate for you? First, choose a respectable estate law firm that specializes in this type of work, not a lawyer that’s a jack of all trades. Tell them your situation and ask if they would serve as executor or administrator over the estate. You will have to consent to the court that the lawyer be appointed. The consent has to come from all the heirs, not only one.
Contact us immediately
If you are in this situation or something similar, contact us right away. Don’t let estate assets go to waste. We can help you navigate the New York probate process and come up with the best solution. We act as executors and administrators often in NY Surrogate’s Court and can serve for your loved one’s estate.
Mishiyeva Law, PLLC.
85 Broad Street 18th Floor
New York, NY 10004
United States
(646) 233-0826
