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son39
Jan 19, 2010, 10:22 AM
My father's will was written 19 years ago after the death of my mother. It names two of my sisters as excecutors, however the first named sister has had no contact with my father for over ten years. Do we have to allow that sister to be excecutor or can my other sister do it. We do not feel that my father would want her involved?

ebaines
Jan 19, 2010, 10:53 AM
I assume that your father has passed away, so it's too late for him to amend his will, right?

It's possible to have the co-executor removed by court order, but it's not easy. Remember that your father expressly selected her, and to over-ride his written instructoins is difficult. You may "feel" that your father wouldn't want her to be co-executor, but that's not what he wrote. Her not being in contact for 10 years is probably not sufficient cause for forced removal. However, she can voluntarily step down from being a co-executor, and I would think that if she has not been in touch for ten years she would be willing to do that. Have the two sisters talked that possibility over? If she does not voluntarily step down, the two sisters will just have to work together to administer the estate.