Legal Question in Wills and Trusts in Illinois

does a deed need to be signed by both co-executors?


Asked on 11/23/09, 11:26 am

1 Answer from Attorneys

Gregory Turza Law Offices of Gregory P Turza

The issue is determined by the governing document, the will. But usually it is majority rule. This means with two executors, both have to sign.

However, you didn't say why there was a problem. If one executor cannot sign due to disability or death then consult the will for whether the remaining executor can serve alone.

If there is a deadlock, i.e. they disagree, then you often need to go to court and have the judge break the deadlock. But the will often deals with deadlocks too, e.g. some third party makes the decsion.

The main thing is to read the entire will carefully. Sometimes important language shows up in unexpected sections. Consult with a lawyer if the answer does not readily present itself.

For more information you may visit my website at: www.legacylaws.com.

Happy Holidays!

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Answered on 11/28/09, 7:10 pm


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