No. HB 1459
Filed under Legal.
Serving as Personal Representative After a Felony Conviction; Creates exception to allow person convicted of felony who is not currently incarcerated to serve as personal representative if they have specified relationship to deceased; requires court to consider certain criteria when determining if such person may serve as personal representative.
Plain English Summary
AI-GENERATEDA parent, spouse, child, or grandchild with a felony conviction can now serve as personal representative if they are not currently incarcerated and no other relative of the same degree is available to serve.
Courts must decide whether to grant such a petition using a list of factors: whether the decedent was the felony's victim, the offense's nature and timing, rehabilitation, restored civil rights, and the family relationship.
One factor singles out convictions for theft, fraud, or dishonesty offenses, which courts must weigh specifically when the person seeking appointment would control the estate's money and property.
AIA person convicted of a felony can now serve as personal representative if they are the decedent's parent, spouse, child, or grandchild, are not currently incarcerated, and no other family member of the same degree is available to serve.
AIEven a qualifying close relative can use this exception only if there are no other family members of the same degree of consanguinity willing to serve as personal representative instead.
AIWhen a family member with a felony conviction petitions to serve, the court must decide whether to grant the petition using a defined list of factors about the offense, rehabilitation, and the family relationship.
AIOne listed factor requires the court to weigh whether the petitioner was convicted under chapter 812 or 817, or of a crime involving dishonesty, theft, or fraud, when deciding whether to appoint them.