Can one of the co-executors act independently from the others?

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Can one of the co-executors act independently from the others?

Asked on January 15, 2014 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes and no. A co-executor may take steps or actions required by the will or by probate without the other one(s) being involved--they don't have to always act jointly or as a group; BUT the co-executor is bound to follow both the law, the court rules, and the dictates of the will. If a co-executor acts outside of those parameters, the other executors (or beneficiaries) may bring a legal action to address the inappropriate action(s).


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