probate question

What is the name of your state? Texas
My mother passed away in November 2008. My father has said that the will is "lost." We have also found out that my father was secretly engaged almost 2 years before my mother's death. My father is trying to probate my mother's estate. He tried to become the independant administrator of her estate but he has criminal record so evidently he can't be the administrator. Can someone with a criminal past be the executor of an estate??? Any help would be great...

§ 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;
.....

Click to expand...

Is he an unpardoned convicted felon?

Yes he is an unpardoned convicted felon. My sister and I had an attorney hired when our father originally filed the independant administration filing. My father lied to his attorney and told him that he didn't have a criminal record but after his attorney checked it out he found the criminal record and he wasn't able to be the administrator. The attorney my sister and I hired told us that we didn't have a case unless we wanted to spend a whole lot of money etc.... So...we didn't continue. It sounds like he's trying to pull one over on us (again). He didn't tell us that he filed this new probate application. I am now wondering who he's trying to appoint the executor. Should we contact our attorney again??

We're going to need to get some clarification -

I assume your mother passed away in November, 2007? Or before that? Have there been two probate filings - the original filing by your father, and now a new proceeding to appoint someone else as independent administrator? or has Dad found the will and wants the named executor appointed?

What was the "case" you and your sister were trying to pursue? Do you mean one of you was trying to be named independent administrator?

Are there assets in dispute?

Were your parents still married at the time of death, or was Dad contemplating bigamy (very popular in texas at the moment)?

You might consider a trip to the courthouse to pull the file, so that you can figure out what Dad is trying to do.

My mother passed away in November 2007. My parents were married at the time of my mother's death. None of us had any clue that my dad had a girlfriend and was actually already engaged to another woman. I believe he was waiting to cash in on my mom's life insurance policy.

My father filed to be an independant administrator April 7th, 2008 that motion was withdrawn by his attorney when the attorney found out about my father's criminal conviction

I did a search today and found out that a new motion was filed May 12th, 2008. I do not live in the same area as my father but my sister does and will be going to the courthouse tomorrow to get a copy of the motion to see who he is trying to appoint as the executor

If he has found a will, I doubt it. I believe he has destroyed the original will because he tried to get us to help him fake one a few days before we discovered about his affair/secret engagement. (March 15th, '08)

My sister and I did hire a probate attorney. She told us when my father's motion to be an independant administrator was withdrawn that the case was closed. That hasn't made sense to me all along.

There are some assetts involved, bank accounts, etc..

Okay, post back when you see the file.

The probate matter would have been closed when the application was withdrawn, so that makes sense.

A new matter gets opened up when a new application is filed. Let's see what's in the new filing. If you Dad is disqualified, you or your sister would have standing to be the independent administrator over almost anyone else. You or your sister may need to file a contesting application to be the administrator, but let's see what's in the new filing first.

If you know the name of the insurance company you should be contacting them for more details about who is named as beneficiary and whether there have been any beneficiary change designations submitted.