Can I relinquish only part of my control as Co-Executor of a Will? 4 Answers as of May 24, 2011

My sister and I are both co-executors of a will but both of us have different work schedules. I am considering relinquishing my right and letting her be the sole executor. However, I'm afraid that she will let the power go to her head and not allow me to have any say so in what I want from my parent's possessions. I know executors should work impartially and with my parent's best interests at heart, but I'm concerned that she will walk right over me. If I let go of this control, is there a way I can get it back or stop her if she gets out of hand?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
In a word, no, once you give up your position as co-executor, you've given it up and the only way back into power, so to speak, is to challenge the Will. I don't think it's in your best interest to resign your position. Remember, you're parents wanted both of you on there for a purpose. Perhaps they knew both of you better than you knew yourselves and they considered exactly what you're now considering. If you have further questions, consult with a local estate attorney and discuss it at length. Good luck.
Answer Applies to: New York
Replied: 5/24/2011
Benari Law Firm
Benari Law Firm | Arik T. Benari
Yes, you can have a firm like our draw up a conditional power of attorney, letting her use your powers rather then have them. This way you can cancel the proxy at any time.
Answer Applies to: Pennsylvania
Replied: 5/24/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You cannot relinquish part of your duties as Executor. You are either Executor or not. You and your sister can divide those duties however you wish, but there is no partial responsibility for this position.
Answer Applies to: New Hampshire
Replied: 5/24/2011
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