Legal Question in Wills and Trusts in California
If there is a co-executorship, can you designate in the will that both parties have to agree and sign everything together, that one can not go off on their own and do things without the other co-executor realizing it's being done without an agreeing to it?
3 Answers from Attorneys
Yes, but if you do so it is essential that you provide a reasonable tie-breaking mechanism. Otherwise your estate will be spent entirely on lawyers going to court to resolve every disagreement between the executors.
This is exactly why co-executors can be a difficult thing. Yes, you can require unanimous action but usually they will not agree on everything, perhaps even rarely agree on anything. If the Will does not provide a method of dealing with this, the clause becomes useless and Court intervention will be repeatedly required.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
