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2015 SESSION

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SB 865 Intestate estate; administration by person convicted of fraud, misrepresentation, robbery, etc.

Introduced by: A. Benton "Ben" Chafin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Administration of intestate estate; person convicted of fraud, misrepresentation, robbery, etc. Provides that the clerk of court shall require any person seeking to be granted the administration of an estate to sign under oath that he has not been convicted of a felony offense of (i) any fraud or misrepresentation or (ii) robbery, extortion, burglary, larceny, embezzlement, fraudulent conversion, perjury, bribery, treason, or racketeering, regardless of whether his civil rights have been restored. The bill also provides that if the person convicted of such felony offense is the sole distributee of the estate, then the court or clerk may grant administration to such person if he is otherwise suitable and competent to perform the duties of his office.

SUMMARY AS PASSED SENATE:

Administration of intestate estate; person convicted of fraud, misrepresentation, robbery, etc. Provides that the clerk of court shall require any person seeking to be granted the  administration of an estate to sign under oath that he has not been convicted of a felony offense of (i) any fraud or misrepresentation or (ii) robbery, extortion, burglary, larceny, embezzlement, fraudulent conversion, perjury, bribery, treason, or racketeering, regardless of whether his civil rights have been restored.

SUMMARY AS INTRODUCED:

Administration of intestate estate; person convicted of fraud, misrepresentation, robbery, etc. Provides that the clerk of court shall not, in addition to current categories of prohibition, grant administration of an estate to a person convicted of (i) any fraud or misrepresentation in any connection or (ii) robbery, extortion, burglary, larceny, embezzlement, fraudulent conversion, gambling, perjury, bribery, treason, or racketeering, regardless of whether his civil rights have been restored.