Dear Mr. Premack: I want all three of my sons to have an equal say as executors of my Will. I'm planning to leave my home to all of them equally. Is it possible to appoint all of them as executors, and are there considerations I should be aware of? - JL
You can appoint all three of your sons as co-executors of your Will in both Texas and Washington state. Here are some important considerations to keep in mind before you make a final decision:
1. Co-executors must agree on every decision regarding the estate. Be prepared for potential conflicts or delays if your sons have different opinions about an issue that arises after your death. For example: should the house be sold so the money can be equally divided, or should the house be retained as a rental co-owned and co-managed by all three sons? If your Will does not dictate an answer, the Executor decides; and if you have Co-executors, they must all agree before action can be taken.
2. Being an executor involves significant time and effort. Coordination among your sons is crucial to ensure they can work together smoothly and communicate effectively. Here are a few logistical aspects to consider:
• Communication: Establish clear lines of communication among your sons. Regular meetings or conference calls can help them stay on track with their duties and ensure everyone is on the same page.
• Division of Duties: Do your sons each have their own strengths and availability? One son might handle financial matters, another could manage legal paperwork, and the third might oversee the physical aspects of the estate, such as property maintenance. They must be willing to delegate.
• Record Keeping: There must be meticulous record keeping. Each co-executor should document their actions and decisions to maintain transparency and accountability.
• Time Commitment: Being an executor is time-consuming. Your sons should be aware of the time commitment involved and be prepared to dedicate the necessary hours to fulfill their responsibilities.
3. Legal Requirements: In both Texas and Washington, each son will need to qualify by taking an oath of office and, unless waived in your Will, posting any required bond. They will also need to file the necessary documents with the court and work with an attorney they can all agree to hire.
If this sours you on naming them as Co-executors, you can instead name alternate executors. Select which son you feel is most capable and most available to be listed as your sole Executor. Then state that if he cannot or will not act, another of your sons can step in as the alternate, and further your third son can step in if both his brothers cannot or will not act.
Remember, whether you have one Executor or three Co-executors, they are bound by law to follow the specific instructions you have left in your Will. So if your goal is for them to inherit equally, they will do so even if only one of your sons acts as your Executor. His job is to distribute your estate per your Will’s terms, and he has no option but to divide the estate as you required.
By considering these factors, you can help ensure that your estate is handled smoothly and according to your wishes. Consulting with a certified elder law attorney can offer you further personalized guidance.
Paul Premack is a Certified Elder Law Attorney for Wills and Trusts, Probate, and Elder Law issues. He is licensed to practice law in Texas and Washington. To contact us, visit www.Premack.com.
Column published on March 14, 2025.
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