Right to Counsel

What is the name of your state? NY
I am one of two executors to an estate. We are also heirs along with several brothers and sisters. The other co-executor is resigning. I may need legal representation in this process to defend my actions, etc. The estate attorney said that it is a conflict of interest to defend me from my co-exec, because he represents both of us. In this case, can I hire another lawyer using estate assets?

co-executor said:

What is the name of your state? NY
I am one of two executors to an estate. We are also heirs along with several brothers and sisters. The other co-executor is resigning. I may need legal representation in this process to defend my actions, etc. The estate attorney said that it is a conflict of interest to defend me from my co-exec, because he represents both of us. In this case, can I hire another lawyer using estate assets?

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**A: no, use your own.

Ok, I appreciate the quick response.

I'd like to share a little more on the subject: To date my co-executor has not formally accused me of anything. But, he has tried to work up any sibling who will listen, and succeeded to worked up one sibling into a frenzy. And now this seems to be turning into a crowd mentality problem for me. Some of the family is angry that either me or my co-exec may charge a commission to the estate. So basically, I think they’re just trying to put another face on their greed. I have one sibling who has stood by me through most everything. And I have the lawyer’s confidence in my actions. I have handed over every receipt, invoice and bank statement with thorough book keeping of my actions. I have also asked the Judge for an interim accounting to be done before my co-exec is released. I have given incredibly to this estate my time and money while the other executor does nothing to help. I am also having to deal with interference with estate business in selling the real estate. I really am at wits end and need some help, since the estate lawyer is just not aggressive enough to stop this nonsense. Please advise.

Look into the prospect of asking either the estate attorney or the probate court how you would go about purchasing an executor's bond for this estate (or whether a bond is even needed), which would protect you for a very reasonable fee. I don't think you need to be concerned about any actions from a co-executor.

If the other co-executor is resigning, then theoretically it should clear the way for you to continue as co-executor, and if the other one is still obstructing the real estate transaction, then inform the judge about this aspect.

Find out now exactly what your executor commission will be so that you can inform the family of exactly what that amount will be so they will not irrationally think it is going to be more than what it is. If there is an estate attorney working on this also, then there must be enough assets in the estate to be able to afford your fee (what is the size of this estate, anyway?). Be strong enough to defend your actions as being correct and just explain that your fee is due to you legally based on the work you have done for this estate and if they don't like it they know what they can do about it!!

DANDY DON IN OKLAHOMA ([email protected])

The will directly specifies that "no bond or other security shall be required of either of these executors in any jurisdiction." And as far as I understand this jurisdiction does not require an executor bond. Would you still recommend purchasing one?

The estate is valued at about $700k. I've/ we've distributed over half already. Mostly, this is not about whether the estate can afford the executor fee. This is about who gets 5 cents more than someone else. I happened to come into some money in a joint account, and some are crazed out of their mind about it. I was planning a lesser fee to balance this out. But apparently, as I understand it from their attitude, I'm supposed to just give away all of my time and then let them tar and feather me in the town where I grew up. Each time I'm accused of something or stand threatened with legal action over some lie or rumor I am compelled say the heck with it and charge for all of my additional expense, time and aggravation with a nice buffer.

I can't inform them of what I intend to charge because I still don't know. There is no way to know how much a defense will cost me until it is basically over and they have signed off, or not. So, I don’t want to commit to any specific # that would only mislead them. I suppose I could explain how NY State arrives at the fee and that I have discretion to take less, depending on how many (more) headaches I get between now and sign off time.

I appreciate the advice, and I will stand behind my actions. I don't want to antagonize long and costly litigation. But, I don't think I can do any more to help this situation. I've tried to reason with them through long letters. It just doesn't work. So, it's time to just leave it up to them to decide how they are going to behave in this matter. Ignorance will come at a price.