Some people want to designate two or more individuals to serve as their co-executors. Perhaps a parent had three children and the parent doesn't want to appear to favor any of them so the parent designates all three of them as co-executors.
Louisiana Succession law provides that if more than one executor is appointed, all actions by the succession must be taken by all of the executors jointly, unless:
- The testator (person who wrote the Will provided otherwise; or
- The executors have filed in the succession record a written authorization to a single executor to act for them all.
I was involved in a succession not too long ago which had four executors that could not agree on anything. Paying the light bill on the decedent's house to the proverbial act of Congress because it seemed that at least one of the executors would disagree with the action. Even if three of the four co-executors agreed on an action, the action could not occur because Louisiana Succession law requires that ALL CO-EXECUTORS MUST AGREE for any succession action to occur.
Appointing multiple co-executors who don't agree on EVERYTHING just might be a good way to assure that there will be some holdups in your succession. If you are an executor and you want to know how to properly get things done, or if you simply need good legal representation to settle an estate in Louisiana, simply post a comment, send me an email at paul@rabalaislaw.com, or give our law office a call at 225-329-2450. Make sure you let us know you are an executor and you need help.
Paul Rabalais
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