What happens if executors disagree

The executor and the decedent can agree on additional or lesser amounts. The judge can also increase commissions upon application by the executor or decrease the commissions upon application by a beneficiary.

Another possibility is that the executor signed a fee agreement where he waived the fee. In that instance, the agreement may be binding against the executor and enforceable by the beneficiaries of the estate. However, the beneficiaries would have to pursue that claim on their own with their own attorney.

In that case, you can ask the judge to reduce or eliminate the commissions. Unfortunately, there is no cut-and-dried answer to this dilemma. Every case is different. Reference: NJ.

Having multiple trustees typically slows down the administration process and can inevitably stir rancor between the siblings and, ultimately, when co trustees disagree, a legal battle ensues. Finding a co-trustee attorney, i. Executors who are in dispute can apply to the Court for directions regarding how the administration should proceed. The Court have a power to revoke a grant in favour of one executor and to issue a grant in favour of another.

When you and someone else are named as co-executors in a Will, that essentially means that you must execute the Will together. You must both apply to Probate the Will together.

You must both sign checks and title transfers together. Basically, neither of you may act independently of the other. When you have co-executors or co-trustees appointed, these tasks can be assigned to each person to lessen the burden of the many duties and responsibilities that each has. Each may bring different skills to the table, and that can lead to better decisions. Removing an executor Disputes may be resolved through negotiation, or where necessary you can apply to the Court to remove or replace an executor.

Co-Executors are two or more people who are named as Executors of your Will. Co-Executors must act together in all matters related to settling the estate.