Estate Law Questions? Ask an Estate Lawyer.
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.
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?
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?
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.
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