What to do if 3 of us are named co-executors but the Will does not say majority rules or anything else about how decisions are made?

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What to do if 3 of us are named co-executors but the Will does not say majority rules or anything else about how decisions are made?

There is now a disagreement. Does majority rule or do we have to act unanimously?

Asked on November 28, 2014 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, you are supposed to act unanimously. However, under New York Law, each co-executor is seen as a complete unit, meaning that they can act independently and bind the other executors. If there is a disagreement then your best bet is to agree to disagree and find a neutral party to help you through this.  Maybe even ask the court to hold a hearing as to same.  Good luck.


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