What is the name of your state? New York
After 9 months my co-executor, for personal reasons, decided that he did not want to finish the job with me, (difficulty working together). He was advised that in order to step down he must petition the court, (essentially to get the will changed so that he does not have to serve anymore). Four months ago he began this process. His lawyer sent all beneficiaries a waiver to be signed, agreeing that we would not dispute the request, and basically hold him harmless, etc. (All were signed & returned in December.) Since co-exec began this process he has basically cut off all communication with me and most of the beneficiaries. I do not know the status of our fiduciary relationship anymore. He has basically backed out on his own accord, and doesn't want anything to do with it. Not hearing from him has made my life less stressful, but there are still a few problems. I have been advised by my lawyer that he is technically still a co-executor until probate court says otherwise. And as co-executors we are supposed to act in unison on all decisions. But obviously things would not get done in this case. I have had to act solely, doing what needs to be done for my family. My first question is how can I find out if a petition was actually filed? At this point, I would just like to know so I can perform my duties without fear of problems down the line. My siblings are supportive of me and would also like to know. I asked our estate lawyer to check with the court, but he has not done so yet. Is there any other way to find out where we stand? And do I have any other recourse to cover my liability, and is this a big cause for concern? Thank you for your time.