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