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A will was submitted for probate naming co executors both…

Customer Question
A will was submitted...

A will was submitted for probate naming co executors both are estranged and one signature may not be able to be obtained how can we continue the proce

Lawyer's Assistant: What documents or supporting evidence do you have?

Will, death certificate

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How do we proceed without the cooperation of the one executor

Submitted: 10 months ago.Category: Legal
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10/2/2017
Lawyer: Richard, Attorney replied 10 months ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,233
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: Richard, Attorney replied 10 months ago

Good morning. If one co-executor is either unable or unwilling to cooperate in the administration of the estate, then the other co-executor should file a petition with the probate court to have the co-executor removed who is either unable and/or unwilling to fulfill his/her fiduciary duty in administering the estate. Just because a will names a person as a co-executor doesn't mean that the person cannot be removed; such a person has a fiduciry duty to both the estate and the beneficiaries to timely administer the estate pursuant to the will. If the person won't or can't do so, the probate court will have that person removed as co-executor.

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Lawyer: Richard, Attorney replied 10 months ago

Good morning. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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