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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 38895
Experience:  Retired (mostly)
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I am on a will as a an executor with my brother. We are both

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I am on a will as a an executor with my brother. We are both executors but we can not get along! I am the firstborn and my father wanted my name on the will before my brothers name. My brother had his name before mine and my father said to the attorney that he wouldn't sign the will unless my name was first. Now my brother thinks he is boss! He already has giving me a black eye! How will i ever stop him from being overbearing and think he is the boss and equal in this will?

You seem to be asking more of a psychological question -- than one of law. If your goal is to bring your brother into line, then the law provides that where more than one co-executor is appointed, a majority must concur before any action can be taken.

Where there are two co-executors, a majority is "two." Therefore, your brother cannot act without your consent. If you and he cannot cooperate, then you can petition the court to have him removed -- and he can do so to try to have you removed. The court will decide who is the better executor, and it will remove the other. That will end the matter.

You may not like this approach, because it could create animosity -- and cost. But, as a legal matter, what I am suggesting really is the only option: voluntary cooperation or removal of one executor. There are no other choices.

Please let me know if I can be of further assistance.

Hope this helps.
Customer: replied 3 years ago.

I am the oldest, and my father did not want my brother on his will, but i asked my father to do so because my brother threatened me, that he would leave and never come back for our moms funeral or our fathers funeral or anything of the like. I did not tell father or mother this because of fear for my own life! But i asked my father to put him on the will anyways.

Since the death of our father, he has threatened me and has giving me a black eye right in front of my mother, youngest sister, and his own girlfriend. I did not press charges in fear that he would retaliate after he was released from incarceration.

I have confided in my mother about his behavior and she does not know how to tell my brother to stop his bullying. It is my belief that maybe he will turn against her and maybe hurt her physically. She has not said as much but i can tell it with her actions when she is around him. Especially when he gave me that black eye right in front of her.Since the altercation in front of my mother she has started to smoke more cigarettes and has come down with pneumonia and has been admitted into the hospital. She has chronic emphysema and c.o.p.d.

He has a past of physical violence and i am worried about her! In this will it states she has the right to live the rest of her days in the home that my father and her built! Would this be enough to remove him from this will? And if it is? What grounds would i pursue this?

There's a big difference between being removed as co-executor and being removed from the Will.

Your brother cannot be divested of his inheritance rights, no matter what he does. Your brother can only be removed as co-executor, so that he cannot manage the distribution of the estate.

The fact that you were physically assaulted is sufficient to have your brother removed as co-executor of the estate. You would have to file a petition in court for removal and present evidence of the assault to show that you and your brother cannot cooperate.

If you do this, then the court will remove your brother and you will be able to manage the estate independently.

Hope this helps.
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