Elwell and Spain | Wills and Trusts
Let us protect your legacy

Blog

Elwell & Spain Blog

Will Your Personal Representative Be Disqualified?

The selection of a Personal Representative is an important consideration when creating an Estate Plan. Time should be spent considering different options and their capabilities. However, you should also consider whether the chosen Personal Representative has had any legal issues, specifically a felony conviction.

The Supreme Court of Oklahoma recently affirmed a District Court decision to disqualify a Personal Representative because of a Felony DUI conviction. The Supreme Court referred to 58 O.S. § 102(2) when making their decision. This section prevents a person convicted of an infamous crime from serving as a personal representative. An infamous crime has been interpreted to mean a felony. Even though the decedent chose someone to serve as Personal Representative, state law prevented her from serving.

Most people have a good idea of who they wish to serve as personal representative of their estate when they begin planning. An experienced estate planning attorney can help insure that this person is qualified.