Buckeye, AZ asked in Probate for Arizona

Q: Both my sister and I are joint executors on my dad’s estate. My sister is asking me to re-move/RE-enunciate myself?

My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?

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3 Lawyer Answers
Ilene L McCauley
Ilene L McCauley
Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am so sorry for your loss. This question says to me, that there are difficulties here.

Once both you are appointed as Co-Executors of an estate, both of you should generally remain as Co-Executors of the estate, unless there are serious problems or concerns. Your email does not list the reason your sister is asking you to step down.

Can you tell me her reasoning?

Also, the attorney you are working with needs to be involved in this process. What does your attorney say?

Steven J. Fromm
Steven J. Fromm
Answered
  • Probate Lawyer
  • Philadelphia, PA

A: Sometimes it is just easier to do the estate administration with one executor/rix. However, you should not give up control if you have any concerns about her fidelity, honesty and integrity. In such case you should not under any circumstance renounce your right to serve as a co-executor. Finally, also understand that an executor/rix is entitled to a fee for their services, so that could be a consideration. However, if you both serve, neither one of you should claim this fee as it would be taxable income to you.

Andre L. Pennington
PREMIUM
Andre L. Pennington
Answered
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: Often times there are logistical challenges to co-executors. For instance, requiring double signature on everything like selling a home or opening a bank account. Additionally, oftentimes co-executors do not agree and it makes it difficult to settle the dispute.

This is something you'd want to discuss with an experienced probate attorney so that he/she can get all the necessary details so you can make an informed choice.

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