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Law Pro
Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 24057
Experience:  20 years experience in estate and trust planning, probate, and wills
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Do co-executors of an unprobated will have equal rights in

Resolved Question:

Do co-executors of an unprobated will have equal rights in decision making or can one executor make all decisions?
Submitted: 4 years ago.
Category: Estate Law
Expert:  Law Pro replied 4 years ago.

Co-executors have equal rights in all decision making. If they can't agree - then one will have to petition the court for the judge to make a decision.

 

As to one executor making all the decisions - you don't want that - it should be mutual agreement. If one executor makes a decision without the other agreeing to such or formally objecting - then theyy will have been deemed to acquiese to the decision and could be personally liable.

 

So, although it's a little more difficult - all decions must be agreed upon by both co-executors. If they can't come to agreement - then they will have to petition the court for the judge to make a decision.

 

Having co-executors is a good thing and it's not done enough - usually only one is appointed. I agree with co-executors handling the affairs of the estate.

Customer: replied 4 years ago.

The will in question has not been Probated. I was told that one of two co-executors can make decisions, enter into agreements, etc., alone, simply because the will has not been Probated. Is this not correct?

Expert:  Law Pro replied 4 years ago.

No, that is not correct. To the contrary, the administration has to be as per the will.

 

Are two executors named in the will for there to be co-personal representatives and to act in mutual agreement?

Customer: replied 4 years ago.
Two executors are named in the Will as co-executors. It is my mother's Will. She named myself and my brother as co-executors of her Will. She wanted her property to be sold and made provisions as to how the proceeds were to be divided. My brother has taken over the sale of her property. I am not included in decision making as to entering into a contract with a real estate agent, not informed as to the progress of the sale, etc. They keep referring to me as an "heir," and don't seem to think the co-executor has any meaning. I am not angry with my brother, but the real estate agent, to whom I have told I am co-executor, is not dealing with me at all.
Expert:  Law Pro replied 4 years ago.

Then that real estate sales agreement is NOT valid - it needs both signatures and agreement between the executors.

 

I would inform that real estate agent that the listing agreement (if you didn't sign such) nor any sales agreement will not be valid unless they obtain your signature as per the will.

 

That real estate agent is just nuts and should know better.

 

They absolutely need your signature on any and all agreements.

Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 24057
Experience: 20 years experience in estate and trust planning, probate, and wills
Law Pro and other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you so very, very, very much. I will certainly use your services again.
Expert:  Law Pro replied 4 years ago.
You're welcome. Good luck!!!

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