Q: I filed for executor & now this other sibling is objecting making up false alligations because she wants to be executor

A: Dear Long Beach:

First off, you state that you filed to become an executor. An executor is a person nominated in a will, and that person gets priority absent proof they are unfit, like having a conviction for embezzlement. Since there is a contest, I am assuming that there is no will and you are petitioning to become administrator.

A court will not look at who filed first in picking an administrator, the issue turns on who is best suited for the position. Depending on the jurisdiction, the court may prefer to appoint both as executors.

As an initial consideration, you should consider that a taking the contest to an evidenciary hearing can become quite costly. And, your bill may not be paid by the estate.

Whether you and your sister should serve as co-executors largely depends on if you can agree and work together. The main problem with two (or an even number) of administrators or executors is that administration easily becomes deadlocked, which results in court action and increased costs and delays.

The other option is to consider a private fiduciary. Yes, there is a cost to this which may be more than the statutory fee. However, in a cost benefit analysis it may be less costly than fighting with your sister over who runs the show.

Since you are represented, I would discuss all of this with your attorney. He would know the local court's preferences, and local private fiduciaries, and be much better to guide you in this process.