Legal Question in Wills and Trusts in Wisconsin

if there are 2 co- executors listed to represent a family trust (in this case a family Farm) Can one of those co-executors enter into legal agreements regarding the Trust property (i.e. farm leases) without the other also agreeing to and signing the contracts? What if each excecutor signed lease agreements with different parties for the same property unknowingly-which lease if either, would be valid?


Asked on 8/21/13, 10:50 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Since each family trust is a customized legal document, it is impossible to know the powers of the co-trustees without reading it. However, if they have equal powers, then either of them might be able to undo what only one of them has done on his own, without the other's permission. If there are major disagreements, it is also possible to let a court decide on any particular issue, or appoint a third "tie breaker" co-trustee who would be available as needed to resolve such conflicts. In order to avoid such problems, lawyers would nearly always recommend against having equal co-trustees and would instead suggest putting one party in charge. However, if the settlor of the trust did not have full confidence in either trustee, there may have been good reasons for making them equal, even if it caused problems like this down the road. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..

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Answered on 9/01/13, 7:19 am


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