Is there a risk to give up co executorship to one executor?

Attorney answers (4)

1. Licensed in FL

   

   Marian Lindquist

   Fort Lauderdale Probate Attorney

   Contributor Level 14

   8

   Lawyers agree

   Answered February 17, 2012 18:21. There is a risk to sign a waiver. If you and your brother are co-personal representatives (the term for executor in Florida) it takes two signatures to sign checks and any other documents that require the personal representatives signature. I can understand, for expediency reasons, having one personal representative, because then you don't have to circulate documents to get signatures. If you are concerned about it, and I think you are or you wouldn't be asking this question, don't sign the waiver.

   The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... moreThe contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button less

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2. Licensed in FL

   

   Marva Lynn Wiley

   Miami Probate Attorney

   Contributor Level 10

   4

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   Answered February 19, 2012 19:10. Your post suggests you both live in Florida which is the venue of the estate. Do you both live in the same circuit as your mother did? What types of assets are involved? In a very simple estate, I may disagree with my colleagues because much of the probate process can be ceremonial. If, however, you have real property that is going to require management and/or sale, it could get complex and divisive.

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3. 

   Steven J. Fromm

   Philadelphia Probate Attorney

   Contributor Level 20

   4

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   Answered February 18, 2012 07:11. Do not give up control. I repeat, do not give up control. I cannot tell how many times this kind of action results in big problems down the road. Your mom gave both of you control and it may be for good reason. Stay involved and in that way you can avoid problems. And if you have a problem with him using his personal attorney, get one for yourself or demand that you and him pick an unbiased new estates attorney.
   
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   LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... moreLEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. less

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4. 

   L Christopher Arvin

   Santa Monica Probate Attorney

   Contributor Level 13

   4

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   Answered February 18, 2012 07:44. Why do it? Nothing positive - only negative. Keep the relationship - don't do it!
   
   This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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