When Co-Executors Fight…
When co-executors have been appointed to manage assets of the estate, it is very common that disputes arise which need to be handled. Unfortunately, it frequently puts the Los Angeles probate attorney in a conflict, when a dispute arises and the lawyer represents both co-executors, it creates a conflict of interest for the lawyer and brings the estate to a halt. The lawyer is then forced to advise each of his/her co-executor clients to seek separate counsel.
This can happen when the co-executors are also beneficiaries. It can also happen when the co-executors are just administering the estate. Examples of disputes among co-executors are as follows:
- Disputes about the sales price of the home.
- Inventory disputes.
- Rent collection disputes.
- Reimbursement disputes.
- Accounting Disputes.
What are some simple solutions to co-executor disputes?
Here are some of the things a co-executor can do to resolve the disputes with another co-executor:
- Sit down and talk.
- Go to mediation.
- Have a neutral executor appointed, such as a professional fiduciary.
- Agree to submit the matter for a Petition for Instructions to the court.
- Agree to submit the disputed items to a probate arbitrator.
What really happens when co-executors fight?
When two co-executors fight, they cannot be represented by one lawyer. Ultimately, each will have to seek separate probate lawyers which increases the inefficiency in managing the probate estate and the potential cost of litigation. Selecting an informal tie-breaker before co-executors are appointed can help in managing and resolving potential disputes. If you are a co-executor, we encourage you to sit together and come up with a plan on how to resolve any c-executor disputes.
If you are having trouble with another co-executor, call Mina Sirkin, probate attorney in Los Angeles who is a Board Certified Specialist helping people resolve probate disputes. Call 818-340-4479 or Email.