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If there are joint executors can one executor have the other removed?
Wiki User
∙ 14y ago
Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.
Wiki User
∙ 14y ago
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Do joint executors of wills have the same power?
Generally a joint executor would have as much power as any other joint executor, meaning they had BETTER get organized and communicate about what needs to be done and who will be doing it.
Can 1 executor refuse to release cash until other executor agrees to what he wants to do with property?
When there are co-executors of an estate one has no superior rights over the other. If they cannot agree then the conflict needs to be presented to the court for a solution. The beneficiaries have the right to expect that the estate be settled with expediency. An executor who is holding up the process can be removed by a petition filed by the heirs or the other executor.
Can anyone other than the executor of the will put the house on the market or sell it without the executors permission?
no
If one joint power of attorney refuses to participate in the handling of the estate what can the other do to take care of the estate matters that are at a standstill?
Estates do not use power of attourney, they are managed by the executor(s) named in the will. It is the executors LEGAL DUTY to do what the will instructs - if an executor does not want to do this then a court will need to decide what to do.
Can executor who has grant of probate distribute the estate between other executors and beneficiaries?
That is the job of the executor. They have to inventory the estate, value the property, resolve debts and then distribute the remainder.
Can a Co-Independent Executor act on legal documents without the other Executor?
Yes, except when selling real property. In selling real property all co- independent executors must execute the document.
Can appointed executor apoint a co such as a spouce?
No. Only the court can appoint a co-executor. Appointment of co-executors is routine if co-executors are named in the Will. The court generally appoints those who are named unless objections to the appointments are filed. If the executor finds they need help they could petition the court to appoint a co-executor or an agent, depending on the jurisdiction. The court would review the petition and render a decision. On the other hand, if the appointed executor cannot handle the task the court may appoint a successor.
What rights does a co executor have if the other co executor is delaying settling the estate?
The co-executor's rights are most likely limited to bringing an action to have the other co-executor removed for failing to fulfill the obligation to settle the estate expeditiously or to force the coexutor to perfom some ministerial act required to move the estate forward or be removed. The action may also request that the delaying co-executor pay damages, if any result from inexcusable delay, or interest or even forfeit some or all commissions due to him/her for acting as executrix. One co-executor usually cannot simply assume total control of the estate and move forward, because, in most states, when there are more than one executor, it takes a majority to act, and when there are only two executors, there is no majority.
Can a joint executor make decision without the other?
In Texas, they must act jointly.
What if executor sues the other 2 executors over a will?
Perhaps nothing will happen, because most states provide that when there are more than one executor the majority rules except where the majority is acting contrary to the interests of the estate and beneficiaries. The executor suing will probably have to prove more than there being a difference of opinion as to what should be done during administration. Such differences might involve the choice of the bank in which the estate account should be placed. If, say, the reason for the majority's choice is ease of banking with no difference in interest rates, the court would side with the majority. If the chosen bank has a lower interest rate on the estate account the court would side with the single executor. In addition, one or more of the executors might be removed as executor depending on the facts.
In the state of NJ if there are 5 executors do they split the executor fee or is each paid a separate fee?
In New Jersey, 1% of the estate is added to the usual percentages for one executor for each additional executor. They split the total commission equally unless there is an agreement among them to split it in some other proportion. In an estate of about $100,000, the usual commission is 5% for one executor. If there are two executors, the commission would be 6%, with each entitled to 3% unless they agree to a different split. This answer is for informational purposes only and not to be taken as legal advice.
I'm executor of my parents will. A sibling was added later as co-executor. Their intention was for the co-executor to assist me but for me to have final approval. Is that true or are we now equal?
You are not the executor until you have been appointed by a court. Court appointed co-executors generally work together as a unit unless other intentions are clearly stated in the will. You need to seek clarification from the court.
