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Can a Felon Receive Letters of Administration of an Estate?
Richard A. Whitney

Q. 

A father in New York dies without a will; he has no wife. The father leaves behind two children. One of the children has been charged with felony DWI 13 years ago and posses a certificate of relief from disability. Does the DWI charge disqualify him from letters of administration?

-- Anonymous

A. 

Section 707 of the New York Surrogate's Court Procedure makes a felon ineligible to receive letters of administration. If the person was only charged, but not convicted, of DWI, then the restiction on receiving letters is not operative.



-- Richard A. Whitney

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