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  1. #1
    KLMUNRO is offline Junior Member
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    Co-personal Representatives

    COLORADO

    When a will names two co-personal representatives, are signatures of both required on all court documents and at closing of the estate?
  2. #2
    anteater is offline Senior Member
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    Yes, unless the will specifies otherwise and with a few exceptions.

    15-12-717. Corepresentatives - when joint action required.
    If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a corepresentative has been delegated to act for the others. Persons dealing with a corepresentative, if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
  3. #3
    KLMUNRO is offline Junior Member
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    co-exec woes.

    Thank you. Where can I find 15-12-717...is it in the probate code?

    The last sentence is a brain twister...I'm not sure just who is being held responsible or protected. Probably not an issue for our situation.

    We have a co-exec running amok. She has decided she hates everyone and is taking actions and filing erroneous documents with the courts and refusing to provide a final accounting of the estate. She believes that a bank statement fulfills that need. What a sad mess.

    And, the only moving violation I have been stopped for was for a 'failure to come to a complete stop". The officer told ME that the wheels keep moving after the car is stopped!!
  4. #4
    anteater is offline Senior Member
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    Yes, it is part of Title 15 of the Colorado Statutues.

    The last part means that, if a third party is dealing with a corepresentative and is unaware that there is another corepresentative or honestly believes that the corepresentative has the authority to act alone on a matter (the exceptions), then the the third party is presumed to have acted in good faith and can't be used to mop up the courtroom floor for the actions of the bad-acting corepresentative.

    What is the other co-rep doing about this miscreant?
  5. #5
    Dandy Don is offline Senior Member
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    Does the will exempt the requirement of an executor's bond being posted or does it not mention anything about an executor's bond? If it doesn't you may want to consult with an attorney to find out if an executor's bond is needed here to protect the financial interest of the beneficiaries from theft by the executor.
  6. #6
    KLMUNRO is offline Junior Member
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    miscreant and bonding

    We have a case of the dear sweet eldest sister turning into a gorgon after the death of our mother last summer. She has decided she doesn't like any of us, most of all her co-pr. We have been barraged with the most shocking and vile assaults on character and action. She has backdated her hidden angst 50 years to when we were children!! She does not return phone calls, responds sporadically and capriciously to email, and refuses all contact with any of her 4 siblings.

    The will specifically declines the need for bonding. We do not suspect her of 'doing anything' with the money, fortunately, but she is trying her damnedest to cut her co-rep out of any responsibility while blaming him for everything.

    At this point, near closing the estate, she has decided that she does not have to provide a final account other than a downloaded copy of the bank account. Her parting shot, figure it out yourselves!!

    We are preparing a a statement to the court to request that they note that there are two executors and they are only receiving papers from one, with wrong dates and testifying that a final accounting has been made which in fact has not been done. And we will ask that the inventory of assets be filed with the court as a matter of record as it has not been distributed to all heirs.

    What is with a death in the family these days?? So many families go completely stupid!!

    Thank you for your ear and info!!
  7. #7
    seniorjudge is offline Senior Member
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    We are preparing a a statement to the court to request that they note that there are two executors and they are only receiving papers from one, with wrong dates and testifying that a final accounting has been made which in fact has not been done. And we will ask that the inventory of assets be filed with the court as a matter of record as it has not been distributed to all heirs.

    Your lawyer prepared this?
    There are two rules for success:

    (1) Never tell everything you know.
  8. #8
    KLMUNRO is offline Junior Member
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    Prepared 'on advice of'. I guess if we had, as two of us had asked to do immediately after our Mother's passing, engaged a lawyer I wouldn't be trolling the net for info! The estate, in terms of assets, is small. No lawyer we spoke with wanted to take on the job of dealing with dueling co-execs for pennies.

    Perhaps we are best of letting the whole thing close and wave as sister dearest heads into the sunset.

    I do hope the company of dunces entertains you. St. Odo of Cluny, indeed!
  9. #9
    BlondiePB is offline Senior Member
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    Quote Originally Posted by KLMUNRO View Post
    Prepared 'on advice of'. I guess if we had, as two of us had asked to do immediately after our Mother's passing, engaged a lawyer I wouldn't be trolling the net for info! The estate, in terms of assets, is small. No lawyer we spoke with wanted to take on the job of dealing with dueling co-execs for pennies.

    Perhaps we are best of letting the whole thing close and wave as sister dearest heads into the sunset.
    Why not petition the court to have sis removed as co-rep?

    A downloaded copy of bank statements for an accounting.... Oh, brother......
  10. #10
    KLMUNRO is offline Junior Member
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    removal

    We have considered this many, many times. The clerk of the probate court says that the court cares about the fair disbursement of assets, not the bickering and name calling. To that, he says to tell her to 'grow up and play nice'....we tried, she didn't take it very well.

    However, now that she has prepared the closing documents and had them notarized with consulting my brother, has sworn that she has provided a written account, and that she notified us on May 1...um...that's tomorrow, and the notarization was on the 25th....we now feel its time to put this to the court and have her feet put to the fire, so to speak.
  11. #11
    BlondiePB is offline Senior Member
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    Quote Originally Posted by KLMUNRO View Post
    However, now that she has prepared the closing documents and had them notarized with consulting my brother, has sworn that she has provided a written account, and that she notified us on May 1...um...that's tomorrow, and the notarization was on the 25th....we now feel its time to put this to the court and have her feet put to the fire, so to speak.
    It will be very interesting when the auditors go over what sis has submitted when there's missing information, etc.
  12. #12
    richie78 is offline Member
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    Quote Originally Posted by KLMUNRO View Post
    We are preparing a a statement to the court to request that they note that there are two executors and they are only receiving papers from one, with wrong dates and testifying that a final accounting has been made which in fact has not been done. And we will ask that the inventory of assets be filed with the court as a matter of record as it has not been distributed to all heirs.

    What is with a death in the family these days?? So many families go completely stupid!!

    Thank you for your ear and info!!
    What's wrong???? Needn't ask, because it should be very obvious. It's M-O-N-E-Y. And when it comes to that money, in more than a few cases family relationships and ties don't seem to mean anything anymore.
  13. #13
    anteater is offline Senior Member
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    Quote Originally Posted by richie78 View Post
    What's wrong???? Needn't ask, because it should be very obvious. It's M-O-N-E-Y. And when it comes to that money, in more than a few cases family relationships and ties don't seem to mean anything anymore.
    Are you having fun adding irrelevant comments to old threads?

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