Legal Question in Wills and Trusts in New York
contesting executor
My father recently passed away and named my oldest brother as executor. His will states that in the event that he (my brother) predecease him or his inability to act as executor then my sister and/or myself be appointed successor executors. Both my brother and my sister have waived their right to the executorship and wish for me to handle the executorship. All of my siblings with the exception of one brother have all signed paperwork stating their agreement with this plan. I am told that this matter now must be presented in Surrogate Court. The brother who is objecting states he is doing so because it was not my father's wishes to have myself as the sole executor. What does the court look at in deciding such a matter?
3 Answers from Attorneys
Re: contesting executor
The court will attempt to glean, from the will, the testator's intent. If he named co-executors, then the court may appoint two executors. If not, you should prevail.
If you haven't already, I suggest you seek legal representation.
Daniel Clement
Re: contesting executor
In deciding any case, a court will look at everything having to do with the decision at hand.
Re: contesting executor
Your question is strange. I am sure that there is a lawyer involved and you can ask him or her the same question.
The Surrogate tries to find out what your father wanted, as expressed in the Will. Based on the facts that you presented you should be appointed as the sole executor.
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