Executor of a Will and convicted felon

[RubyThomas]

In the state of Illinois, is a convicted felon allowed to act as the Executor of a Will? I have read that in Illinois a felon cannot act as Executor under any circumstances. My mother died this year. The first person listed as Executor is one of my brothers however he has a felony on his record. The second person named as Executor is another one of my brothers who does not have a felony on his record. If it is true that a felon cannot act Executor, how would he be removed and replaced as Executor?

 

[quincy]

In the state of Illinois, is a convicted felon allowed to act as the Executor of a Will? I have read that in Illinois a felon cannot act as Executor under any circumstances. My mother died this year. The first person listed as Executor is one of my brothers however he has a felony on his record. The second person named as Executor is another one of my brothers who does not have a felony on his record. If it is true that a felon cannot act Executor, how would he be removed and replaced as Executor?

It is true that, in Illinois, a felon cannot act as executor. Here is a link to the law:
http://ilga.gov/legislation/ilcs/documents/075500050K6-13.htm
Has the brother who is allowed to serve as executor informed his brother who isn't allowed to serve as executor of the law?

 

[RubyThomas]

Yes, the brother who is allowed to be Executor and I myself (a beneficiary) has informed the brother with the felony that he must be removed as executor yet he has so far failed to act.

 

[quincy]

Yes, the brother who is allowed to be Executor and I myself (a beneficiary) has informed the brother with the felony that he must be removed as executor yet he has so far failed to act.

You and your non-felon brother can request of the Probate Court that your felon-brother be removed.

Good luck.

 

[RubyThomas]

You and your non-felon brother can request of the Probate Court that your felon-brother be removed.

Good luck.

One final question, what are the consequences of not mentioning the felony? What if we were to proceed with processing the Will, dividing the assets amongst the beneficiaries, etc. with my felon brother as Executor? This would never happen but I would like to understand the consequences so that I could explain it to my family.

Thank you!

 

[quincy]

One final question, what are the consequences of not mentioning the felony? What if we were to proceed with processing the Will, dividing the assets amongst the beneficiaries, etc. with my felon brother as Executor? This would never happen but I would like to understand the consequences so that I could explain it to my family.

Thank you!

What are the consequences? You risk the assets of the estate, for one consequence.

Following is a link to a FreeAdvice staff-written article on removing an executor. I recommend you work on removal.

https://law.freeadvice.com/estate_planning/wills/removing-executor-of-will.htm