Legal Question in Wills and Trusts in New York

My mother dies barely a week ago and both my sister and I are joint executors of her estate. My sister wants me to relinquish my executorship so she can be the only person in charge. She claims she will waive her fee, but I don't see how this benefits me. Is it wrong for the two of us to be joint executors?


Asked on 11/18/10, 10:44 am

2 Answers from Attorneys

Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

There is no reason why you should not serve as a co-executor with your sister unless you don't want to. After all, it was your mother's wish that you both serve as fiduciaries of her estate.

Read more
Answered on 11/23/10, 11:24 am
Walter LeVine Walter D. LeVine, Esq.

I agree. Children are usually jointly appointed, unless it is difficult or there is some reason one cannot or does not want to serve. I caution you as to your sister's motives in requesting this. If she had access to Mom's accounts (bank or credit cards) I would check them carefully.

Read more
Answered on 11/28/10, 12:48 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York