Legal Question in Wills and Trusts in New York

Re: Co-Executor will not respond to duties

I agree with the answers of both Tony and John. You need to check the language. Typically, the language will say that A is appointed Executor, but if A has predeceased, cannot serve or fails to qualify, B becomes the replacement. If language like this is in the Will, have your brother apply (best is to get your sister to renounce her right to be appointed in favor of your brother), put all parties on notice and continue with your brother as the Executor.

Re: Co-Executor will not respond to duties

You can proceed without your sister's official renunciation. Unfortunately, this will add some extra steps to the probate process (it necessitates a return date), so if you can obtain her waiver/renunciation, try and do so.

You or your brother may contact my office directly ([email protected] or 212-401-2990)for assistance with the probate.

Re: Co-Executor will not respond to duties

The specific language of the entire Will should be analyzed before your question can be answered.

If the Will does not contain conflicting language, or other restrictive language, then your brother can file the petition for probate.

Keep in mind that the best course of action is to resolve any differences with your sister so that any future problems can be averted.

If you need assistance with this or any other matter, please feel free to contact me.