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Co-Executor role and responsibilities

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Bob DiGangi

Junior Member
What is the name of your state (only U.S. law)?

Will ( Father who is still living) written in NY. Both co-executors ( my brother and I) reside in Arizona.

Both co-excutors are named by my father that his sons are to "receive entire residuary estate in equal shares"

Does this mean that in regards to sale of father's home that both co-executors need to agree on all disposing and distribution of estate or does one co-executor have differentiated power and role/responsibility.

Do you recommend that father modify will to name one son as executor and other son as executor in event first named son predeceases father?
 
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anteater

Senior Member
Do you recommend that father modify will to name one son as executor and other son as executor in event first named son predeceases father?
It is really up to your father. Co-executors can work out fine if they agree on what needs to be done.

On the other hand, it can be a prescription for endless argument, resulting in delays, trips to see the judge, greater expense, etc.

I was going to post something from the AZ statutes, but your post implies that your father resides in NY. (The AZ statutes are a breeze to search. NY statutes are a pain in the rear.) Other responders here might disagree, but, generally, I believe most states have statutes/procedures that require that all co-executors agree on transactions unless the will explicitly says otherwise.
 
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