Ask an Estate Law Question, Get an Answer ASAP!
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).