Dear all,

I am one of four executors (three are family members and a lawyer) of my late fathers estate. Recently one executor (the lawyer) has been very hard to reach and decisions re the estate must be made. The three remaining family member executors are all in agreement on the course of action to take but the Lawyer handling probate is requiring conformation and discussion amongst all executors before he will act upon our wishes.

My thoughts are that if 75% of the executors are in agreement as to a course of action then the probate lawyer must act. Also if any hardship comes to the estate from the probate lawyers failure to act would he be liable?

Could someone shed some light on the matter?

Thanks in advance.

Does the will indicate a process for the estate coming to a consensus? I have never heard of an estate with four executors, by the way. The three in agreement could request a hearing with the probate judge and make a specific request that your decision be granted. It sounds to me as though you are relying upon the attorney/co-executor for legal advice. You three may have to go outside this arrangement for an independent opinion.

George,

Let me fill in a few of the blanks. The Will make provisions for my mother, any asset outside of those provisions are to be liquefied and given to my late fathers trust. The family executors consist of my mother, step sister and myself. Because the two families have had their differences in the past my father wanted to put both sides and an independent third party as executors. Hence the situation we have now.

The family executors have work wonderfully togeather and have been of one mind on every issue. The Lawyer co-executor has also never disagreed with the family members but he travels extensively for business and pleasure (he is semi-retired) and is therefore out of contact for weeks at a time.

Unfortunately the estate is in litigation on a matter and decisions need to be made in a timely manor. The three family members are constant contact and agreement as to a course of action but we have trouble contacting the fourth executor so we are left with 3/4 which the probate lawyer does not want to accept. The probate lawyers decision not to accept the 3/4 instructions has been to the detriment of the estate.

Just curious: what does the will say about decisions that must be made when there are so many executors? Also, there is both an estate and a trust?

George,

The Will only makes known the executors and does not give instructions bar provisions for the beneficiaries. I thought the practice of multiple executors was common place and therefore was hoping for some guidance.

Yes there is both a Will and a Trust. The Will only has two beneficiaries, my mother and the Trust. Most of my fathers assets are inside the Trust but there are some outside of it which we are charged with administering.

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Originally Posted by rjohannesburg

Good question. Have you talked to another <a href="http://heiderlaw.com">probate lawyer</a> about it? I wouldn't go to yours, since he seems to have a vested interest in the case and has been so hard to get a hold of. I would call another office and ask them how it works, in general. They should be able to give you the most knowledgeable answer.

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Did you notice that this question is more than 2 1/2 years old?

Even if the OP was still around and still interested in a solution, I doubt that your suggestion, which simply amounts to "ask someone", would be of much help.

They would have to refer to the law of whichever jurisdiction they are in, and, if that didn't help, seek a ruling by the probate court which appointed them. In general, there is normally only one executor and, unless the will provides a specific procedure, there is no provision for "majority rule".