What to do when 2 co-executors can’t agree?

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What to do when 2 co-executors can’t agree?

My aunt passed away; she had no spouse or children only 2 brothers. She had a Will with me (niece) as co-executor and her attorney as co-executor without fee. She did not have any sole assets at the time of her passing. She was living in assisted living and I was taking care of all her bills (joint account). Turns out she had a small group life insurance policy through old employer. The insurance company requires a Small Estate Affidavit which I have applied for. Surrogate Court is asking the attorney to sign a Renunciation Form in order complete the affidavit. The attorney won’t sign. Recourse?

Asked on February 9, 2011 under Estate Planning, New York

Answers:

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

Answered 10 years ago | Contributor

Let me get this straight: the Surrogate's Court is requesting that the co-executor renounce his position and he will not do so?  Why?  He would not be serving with a fee anyway.  You are doing the Small Estate Affidavit (or otherwise known as an Affidavit of Voluntary Administration)  in lieu of probating the Will?  Because the Will gives you the authority to do the same thing.  But be that as it may, if he will not cooperate then you are going to probably have to apply to the court to have him do so or to remove him as the executor of the Will, which means probating the Will.  The Court can not give you legal advice but they can give you direction.  Good luck. 


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