My wife has executor responsibility for her mom’s estate, am I legally able as her husband to speak with my wife on probate decisions in a group setting with the other beneficiaries?

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My wife has executor responsibility for her mom’s estate, am I legally able as her husband to speak with my wife on probate decisions in a group setting with the other beneficiaries?

My wife has executor responsibility for her mom’s death. her mother had 3 children and each gets 1/3 of the inheritance. Am I legally able, as her husband, to speak with my wife on probate decisions in a group setting with her brother and sister or are they able the brother and sister to kick me out of conversations? They don’t like me there because they can hang up on my wife if I am not there.

Asked on November 25, 2017 under Estate Planning, Colorado

Answers:

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

Answered 3 years ago | Contributor

So can they object to your being present during talks regarding the estate?  Possibly.  But here is the thing: she is the executor and so long as she is following the wishes of her Mother under the Will she does not have to consult her siblings at all.  She just can not work against their best interests or the best intersts of the estate.  I would strongly suggest that she hire an attorney - which comes out of the estate proceeds and she has every right to do that - to help her in this matter.  The attorney represents the estate and her as executor and not the others.  She can meet with the attorney before any meeting swith the siblings and the attorney can be her back up.  Good luck.


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