How are co-executors listed in a Will – can it be “either or”?

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How are co-executors listed in a Will – can it be “either or”?

Asked on April 7, 2012 under Estate Planning, New York

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

If both are named they are co-executors.  Hopefully the will was drafted by an attorney.  Otherwise you may have to litigate any ambiguities or uncertainties.  Have the will reviewed by an estate attorney to get a conclusive answer.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The intent of the testator matters here.  Does the person makibg the will want it to be one peroson then if tht person can not serve another?  That is an alternative executor.  If he or she wants them to act together and only together, then that should be stated and in compliance with state law.  Seek legal help.  Good luck.


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