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Pam asked in Politics & GovernmentLaw & Ethics · 2 months ago

my son went bankrupt 4 years ago...can he be the executor of my estate?

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  • Judith
    Lv 7
    2 months ago

    Why not except it wouldn't be too bright of you to want him to be.  He's not reliable and can't be trusted.  Appoint a dependable child or someone unrelated to you to insure that the estate is handled appropriately.  If you want to leave assets to anyone other than your son and want to insure that they get what is coming to them, don't appoint your son who has proven that he can't manage money and the temptation to help himself to all your assets would probably be too great for him.

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  • 2 months ago

    Yes, the two things are not at all related. The question is do you WANT him to be if he's that bad with money?

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  • 2 months ago

    Many states have restrictions on who can be executor. For example, they must be at least 18 years old, mentally and physically competent, with no felony convictions. An out-of-state executor must be closely related (decedent of your parent, or a spouse of a decedent).

    If your son has come out of his bankruptcy (discharged), then he should be able to be appointed as your executor. If he has NOT been discharged yet, then he is open to challenge, and the probate judge will *probably* not give him the job.

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  • 2 months ago

    i would ask a lawyer about it

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  • Anonymous
    2 months ago

    Yes, he CAN.  Is that wise?  Only you know.

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  • 2 months ago

    NO law preventing that. Your choice

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  • 2 months ago

    If you trust him.

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  • 2 months ago

    It's your estate, you can have whoever you want as the executor, regardless of their background.

    • Morningfox
      Lv 7
      2 months agoReport

      Not if he is in an active bankruptcy, or is a felon.

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