Disagreements between executors can create tension and delay in the estate administration process. Executors are appointed to carry out the wishes of a deceased person according to the will, but when multiple people share that role, differences in opinion can quickly surface. These disputes often arise over asset distribution, interpretation of the will, or decisions about selling property. Call us today to work with our Mesa, AZ estate administration lawyer if you’re dealing with executor disputes!
Why Executors May Disagree
Conflicts between executors usually stem from a few common issues. One major source is unclear language in the will. When a will leaves room for interpretation, each executor may believe they’re acting in the best interest of the estate, even if their approaches differ. Another common issue is personal history. Executors are often family members or close friends, and unresolved family dynamics can influence decision-making.
Financial decisions also cause friction, especially if a loved one passed away without leaving enough documents to give their family a clear picture of all of their wishes. For example, one executor might want to sell property quickly to settle debts, while another prefers to hold on to assets for a better market value.
The Legal Responsibilities Of Executors
Executors have a fiduciary duty to act in the best interest of the estate and its beneficiaries. If one executor acts independently or disregards the other’s input, it can lead to mistrust and, in some cases, legal action. Courts expect executors to communicate regularly and document major decisions to demonstrate transparency and accountability.
Mediation can help executors reach an agreement without going to court. Our attorneys have overseen several estate planning cases, and one of our goals is to prevent the need to involve the courts. Mediation allows all parties to voice concerns while working toward a mutually acceptable resolution. If mediation fails, court might be necessary, but this is usually a last resort.
How to Prevent Executor Disputes
Preventing conflict begins with the estate planning process itself. A well-drafted will should clearly define each executor’s responsibilities and outline how decisions should be made. It may also help to appoint only one executor or choose co-executors who have a proven track record of cooperation. Testators can also include tie-breaking mechanisms, such as granting final authority to one executor in case of a disagreement.
During administration, open communication is key. Executors should keep beneficiaries informed and share documentation regularly to reduce suspicion and misunderstandings. When everyone feels included and respected, disputes are less likely to escalate.
When Legal Guidance Becomes Necessary
Even with clear intentions and communication, disagreements sometimes persist. Executor disputes are never easy, but with the right support and a commitment to cooperation, most can be resolved efficiently. If you’re serving as an executor and facing disagreements that have stalled progress, we encourage you to reach out to us for legal advice. Our attorney, Jack Carlson, received the 2020 Top Estate Planning Attorney award, and our entire team is eager to help! Call us at LifePlan Legal AZ to work with our Mesa estate administration lawyer!