Question about a will and executors.?

Question

My grandfather just passed away. On his will my father and his sister were named co-executors.  It is worded like this:
I "my grandfathers name" hereby appoint "my aunt" and "my dad" as co executors of my will. 
The executor shall.....etc.


Well my aunt is saying that my father is not considered an executor because her name is listed first. Even though it clearly states that he is a co-executor. She is claiming that because the second line says "executor" and not executor's' that because her name is listed first, that she is true executor. And will not allow my father in the house without her there and so on. Just being a real witch about it. 

Any thoughts or advice?

Princess · Accepted Answer

They are definitely co-executors.  She will not be allowed to take any action without his consent because the probate court will not allow it.  

I suggest that your father get an attorney to help with this problem.  You will need one anyways to file in probate and get everything filed, etc.  Also, you can tell your aunt that if tries to argue that in court she is going to loose in a miserable way.

Coach D. · Answer

Most people designate an Executor to carry out their wishes.  They will also designate an alternate in the primary dies or is unable to perform the duties of Executor.

This problem may be resolved quite easily if there are no points of disagreement in the in the provisions of the will.  The Executor carries out the wishes of the deceased individual.  If your grandfather's will is specific and detailed as to who gets what, your aunt's position shouldn't be a big deal.  However, if there are disagreements, you need to consult an attorney right away It may not be a bad idea  to check with an attorney even if there are no disagreements to make sure everything is in order.

cosmosclara · Answer

Legal definition:  

"Co-executor.  One who is a joint executor of an estate with one or more others.  See also Joint Executors."

"Joint excutors.  Co-executors; two or more who are joined in the execution of a will."

Two of my relatives were co-executors of a will.  They were equals.   The order that names appear is of no matter.

Call the courthouse or a lawyer... maybe even a state attorney's office.  

... Wills sure do ugly things to people.  (lol.)

Anonymous · Answer

Her claim has no force of law. Do not worry. It has to be jointly executed. If she does unilaterally, your father can file a caveat in the appropriate forum. Consult any local lawyer with experience in Civil matters.

hotmomma · Answer

Definitely contact an attorney - where do you live? I am only asking because I work for an attorney who specializes in wills and estates. I live in Florida. If you are in Florida, update your question and I'll send you my email address.

Anonymous · Answer

Yeah, What Princess said, it's true...one will not be able to do anything with out the concent of the other

tyrel l · Answer

i guess it would be like buying a house or a car co-signer or co-excutor is just as responsible as the first name listed

Anonymous · Answer

She wants to get all the goods.  Tell your dad to get a lawyer unless he doesn't mind her getting everything he (or the grandchildren) might want.  She's greedy.

Charles Garcia · Answer

i was told assets over 50.000 needs to go to probate court we have assets over 80.000 it nevar was in probate

whatwhatwhat · Answer

that's retarded, they seem equal to me.  find a lawyer!!!

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Question about a will and executors.?

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