Legal Question in Wills and Trusts in United States Minor Outlying Islands

Re: co-executorship

If the Will is to be probated, then the executor is replace by a person appointed by the Court to be the representative of the estate. normally that is the person named in the Will as executor, but not necessarily. The courts do not like to have co-representatives because of the obvious problems of having two people try to decide issues.

I assume you would have no objection to your brother being named personal representative. Even though he may be a terrific guy, he likely will do something you do not approve of. But if you have a third party appointed, they are entitled to certain statutory fees that are on a sliding percentage amount of the estates' value. So having a third party as the represnetative might cost you $25,000.

The best resolution, if you trust your brother, is to have a written agreement with him as to what he is to do in certain circumstances [read a book such as from Nolo Press to find out what issues might arise in your situation].