An estate with co executors. One wishes to harvest timber on the estate with all funds made out to the estate. The other executor lives stat...

Question

An estate with co executors. One wishes to harvest timber on the estate with all funds made out to the estate. The other executor lives states away. Do both executors need to sign to sell timber if checks ultimately go into the estate.

Answer

What did the Will say as to the executors acting alone, together, or otherwise? That's what's required. If either of them has a question about how to proceed, or if they may even harvest and sell the timber at all, they should be asking a lawyer to help interpret the Will and its intent.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Answer

I agree with Attorney Jacobson. You need to see what the will says as to who gets to inherit the land (it could be someone else in which case there may be no authority to sell the timber) or if the signature of both executors is required (does the will require executor A and B to act jointly or can each act independently?) What about an account for the estate? Can either executor sign checks?

To avoid this nightmare, the solution is easy. There should not be 2 executors. That is a recipe for disaster. The person who lives "states away" should renounce. The person who is the remaining executor should consult a probate attorney and see how best to administer the estate. If timbering makes sensed and would be allowed by the terms of the will, then the executor should sell the timber, deposit the proceeds in the estate account and after debts are paid, the proceeds then get distributed as per the will or residue clause to the beneficiaries as outlined in the will.