Legal Question in Wills and Trusts in New York

my brother and I are co executors of my fathers will can my brother retain a lawyer and proceed with out me. The probate will take place in New York


Asked on 2/15/12, 9:19 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Not without the court's permission.

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Answered on 2/15/12, 11:51 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David. If the Will provides for co-executors, the right of appointment or retention of counsel is usually mutual and one cannot act without the other. A Court can rule differently, but a hearing is usually required in advance if its granting permission.

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Answered on 2/15/12, 1:38 pm


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