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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32579
Experience:  Estate Law Expert
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My ex-wife died. Two children want to be co-executors of the

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My ex-wife died. Two children want to be co-executors of the estate. Some persons are telling them it is complicated to have more than one executor. I don't see why. Please explian.

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

The people are right. The problem arises when the co-executors can't agree on something. You end up having to get the court to approve almost everything that happens and that increases the fees, etc.

Dwayne B. :

It's been my experience that things go well less than 10% of the time when co-executors are appointed.

Dwayne B. :

Many judges won't do it because it ends up tying up the court.

Dwayne B. :

In addition, there are additional expenses because you have to have two bonds, sometimes each executor has to have their own lawyer if any disputes arise, etc.

Customer:

If that is the only reason it is complicated then I would suggest 2 executors. Why should one child (age 27) have more say so than the other (age 26)? (Rhetorical) I would therefore advise my younger daughter to challenge the exeutorship from the beginning. She can do that - correct?

Dwayne B. :

She can challenge it, sure.

Dwayne B. :

Did your ex wife leave a will?

Customer:

No will. But the child who wants all the power is the least considerate of others in my opinion. You have answered my question. And I thank you unless you have something else to add.

Dwayne B. :

No, that's it. If there was no will then no child has more "right" to be executor than any other child.

Dwayne B. :

Best wishes to your daughter and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

Dwayne B. :

Anything else I can assist with before I exit to help others?

Customer:

No. I understand all. Thanks.

Dwayne B. :

You're welcome!

Dwayne B. and 2 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

New question. Decedent (my mother) died testate and will has been admitted. Am also son of decedent whose residence was in Ohio. I have been assigned as executor of estate in Ohio. Decedent owns land (<$10,000) in Alabama and I want to purchase it. Proceeds will go into trust of decedent. Decedent had no other assets in Alabama. How do I go about purchasing the land? Do I have to go through probate? Do you know how things work in Alabama courts?

You have to go through the probate court to purchase it and establish the market value of the land.

However, your best bet is to contact an attorney there in AL to do the deed work, they will want to check with the title insurance company to see what they are going to require to issue title insurance. Usually you can just proceed through the probate in Ohio and that order will be sufficient. However, lately there has been a trend where they are requiring an order from the state where the land is located. If that is the case then the same lawyer can also take the order from Ohio, once it is issued, and "domesticate it in AL" or "register it as a foreign judgment in AL". Essentially what happens is the AL court recognizes the OH judgment and it therefore becomes an AL judgment and it is much cheaper than doing an actual probate in AL.

The reason you want to know what a title insurance company will require is so that if you ever get ready to sell it or finance it you don't have to go back and try and correct problems which can be very, very expensive.

To get a fair market value of the land you can get a local appraiser to do an appraisal for you and then submit it to the OH court and have the judge okay the sale to you. That prevents any issues that could arise with "self dealing" by you as the executor.
Customer: replied 3 years ago.


I am not sure if you got paid or not for the second answer. I did submit a payment of $48 on Dec 3rd but I am not sure if your share was ever credited to you. It is difficult to tell from the web site or my paypal receipt. I hope it was given to you.

I'm not sure either but thanks for checking. I will ask the moderator to look into it.

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