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Executor a felon

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sbldutma

Junior Member
What is the name of your state? TX
My step-mother was listed as the Executrix of my dad's estate, however, she is a 3 time convicted felon. My ex-attorney was supposed to file a motion to prohibit this from happening, but he seemed to have let that slip through the cracks.

Is there anything I can file having her thrown out as executrix AFTER the fact?
 


BlondiePB

Senior Member
From TX Statutes

§ 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR.

No person is qualified to serve as an executor or administrator who is:

(a) An incapacitated person;
(b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law;
(c) A non-resident (natural person or corporation) of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court;
(d) A corporation not authorized to act as a fiduciary in this State; or
(e) A person whom the court finds unsuitable.

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