Klenk Law

Can I appoint my brothers as co-executors in my Will?

Posted on Fri Aug 7, 2015, on Estate Planning

From our “Ask a Question” mailbag: I live in Chester County, PA and currently my will names my two brothers as co-executors. I thought this was a smart thing to do, but my brothers have not been getting along recently. What are my options?

Naming your brothers as co-executors when they do not get along is a bad idea. Co-executors have to work well together and cooperate, or else the estate will stall. Brothers who are having a dispute can make what is a small family dispute into a family feud that lasts generations.

You should seriously consider changing your Will to name another family member or, if you have none that you trust, to name your Chester Estate Planning Attorney. Your lawyer will charge a fee, but that fee will be small when compared to the potential costs of litigation and family turmoil between siblings.

When named executor, I normally ask that the document state that I receive my hourly fee rather than a percentage of the estate, which many lawyers take. I find the hourly fee is fairer for everyone involved. It represents the actual work done by the attorney.

If you need assistance with estate planning in Chester County, please call one of our Chester Estate Planning Attorneys for a free consultation

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