New York, NY asked in Estate Planning for New York

Q: Can I refuse to be a co-executor of my brother’s will before he dies or do I have to wait for the ultimate event?

My older brother has named our younger sister and me as co-executors; my sister and I do not speak and do not get along. I want to avoid the aggravation involved in this. I have asked him repeatedly to name either her or me (I don’t care which one), but I know he will never do this. Is there anything that can be done before he’s not around anymore? Can I refuse the post now? Can the form to refuse be filed before there is a need to execute the will?

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3 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If you told him that you don’t want to serve with your sister, that is all you can do at this point. If he dies before you and your sister, you can decline to serve. If your sister passes before him you can choose to serve.

Nina Whitehurst agrees with this answer

1 user found this answer helpful

Vincent Gallo
Vincent Gallo
Answered
  • Staten Island, NY
  • Licensed in New York

A: Either way works.

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Ultimate event. But it is fair to let him know now, so he can re-do the documents.

1 user found this answer helpful

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