No. SB 1606
Filed under Legal.
Serving as Personal Representative after a Felony Conviction; Creating an exception to allow a person convicted of a felony who is not currently incarcerated to serve as a personal representative if they have a specified relationship to the deceased in certain circumstances; requiring a court to consider certain criteria when determining if such person may serve as a personal representative, etc.
Plain English Summary
AI-GENERATEDA parent, spouse, child, or grandchild of the decedent with a felony conviction can now serve as personal representative if they are not currently incarcerated and no other relative of the same degree of consanguinity is available.
Courts must decide such petitions using eight factors: whether the decedent was the felony's victim, the offense's nature, timing, and rehabilitation evidence, restored civil rights, and the length of the family relationship.
One factor specifically flags convictions for theft, fraud, or dishonesty under chapters 812 or 817, a factor courts must weigh when the petitioner 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.
AIBefore granting a felon relative's petition to serve, the court must consider eight specific factors about the offense, the petitioner's rehabilitation and civil rights, and the family relationship with the decedent.
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.