Legal Question in Wills and Trusts in Pennsylvania
my husband is coexecutor with his uncle for his grandmothers estate and his incle wants him to sign a renunciation. should he??
2 Answers from Attorneys
Only if your husband doesn't want to serve as co-executor. He should find out why his uncle is asking for this.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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The duties of the executor are simple - it is to figure out in this case what the grandmother owned, what she owed, to pay any just debts if there is enough assets, to distribute what is left as per the will. Along with these duties are the duty to inventory property, get it appraised if necessary, file final tax returns and publish notice in the newspapers and to the heirs.
Personally, I do not care for co-executor situations as this inevitably leads to problems unless everyone can agree on everything all of the time. And its cumbersome to get all the signatures on everything. There should be one person who is captain of the ship so to speak.
However, your husband and uncle are co-executors and some questions come to mind to assist your husband in making a decision. First, where did the grandmother reside at the time of her death and where is her estate pending? Where does the uncle live? Where does your husband live? What kinds of assets did the grandmother have? How complicated will probate be? Will any of the assets or estate go to your husband or his uncle? How does the will read? Do the executors have a great deal of discretion?
Does the estate have an attorney? Why does the uncle want your husband to renounce? What kind of relationship does your husband have with your uncle? Or what kind of relationship does the uncle have with any other heir? Will Is the uncle good about completing the necessary paperwork on time? How about your husband? Can the executors cooperate?
Whether your husband will renounce will depend on these answers. I suggest that your husband speak to the estate attorney if there is one. Who picked the attorney? If it was the uncvle, then your husband may not get unbiased advice and in such case, your husband should pay a probate attorney to review the will and get unbiased advice about whether he should renounce or not.