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If two members of same family are co-executers can one overrule the other and assign another family member to take their place?

Asked over 2 years ago - Campbellsville, KY

My husband is co-executer with his sister, and she is trying to throw him out so her and their other sister can be the only two. He has been sworn in as co-executor of their mothers will and is can sign off on legal papers. Can she legally terminate him of this right and can a lawyer whom is representing the estate have conflict of interest and still be the estate lawyer?

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Paul H Begemann

Reputation Level 10

Answered over 2 years ago. Real Estate Attorney in New Haven, CT.

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This is a question that will probably need to be addressed by the probate court. It may require that each executor have their own lawyer if they cannot agree on how to execute their duties. One executor should not have the power to simply throw the other out. If one executor tries this the matter should be brought to the attention of the attorney for the estate and brought tot he annention of the probate court in writing.

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