Friday, October 15, 2010

Sometimes 2 Heads Are NOT Better than One - The Executors Dilemma

Are you an Executor of an estate? Do you share that role with another person? Well, it can all get so complicated if you do not get advice up front. Here are some tips for you:

1. You can hire and fire the attorney you hire for the estate. Determine what your fee arrangement was and proceed accordingly. Any fees incurred would have to be paid but you do not have to continue with the same attorney.

2. All executors have to agree on the estate attorney. One executor can not make that selection. If Executors can not agree that could result in court action to protect the estate from ineffective executors. An estate can be almost depleted if not totally if internal fights results. If unjustified, executors could be liable for waste.

3. All executors have to act together. Both or how ever many executors there are have to appear to be sworn as executors. Action on the estate can not occur until this is done.

My advice is to think twice before you make more than one person executor of your estate. If you must name more than one then give one power to decide any disagreement. Need more help, contact me at www.ythlaw.com

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