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What is an agreement between executors?
An agreement between executors is a legal document that outlines the terms and conditions governing the actions and responsibilities of co-executors of an estate. Executors are individuals who are appointed to manage the estate of a deceased person and ensure the assets are distributed to the beneficiaries according to the decedent`s wishes. If there are multiple executors, it is recommended to have an agreement in place to avoid any conflicts or misunderstandings.
What should be included in an agreement between executors?
An agreement between executors should cover various aspects, including but not limited to:
1. Roles and responsibilities: The agreement should clearly define the roles and responsibilities of each executor. This includes tasks such as paying off debts and taxes, inventorying assets, and distributing assets.
2. Decision-making: The agreement should outline how decisions will be made between the executors. This could include voting rights or a requirement for unanimous decisions.
3. Compensation: The agreement should address compensation for the executors. This could be a flat fee or a percentage of the estate`s value.
4. Dispute resolution: The agreement should include a clause on how disputes between executors will be resolved. This could be through mediation or arbitration.
5. Termination: The agreement should define the circumstances under which the agreement can be terminated and what happens to the assets if this occurs.
Why is an agreement between executors important?
An agreement between executors is essential in ensuring that the estate is managed efficiently and effectively. It can help prevent conflicts and misunderstandings between executors, which can delay the distribution of assets to beneficiaries. Additionally, having a clear agreement in place can help avoid legal disputes and potentially save time and money in the long run.
In conclusion, an agreement between executors is a vital component of estate planning. It provides a framework for co-executors to work together effectively and efficiently, ensuring the estate is distributed according to the decedent`s wishes. If you are an executor or planning to appoint multiple executors, it is recommended to consult an attorney experienced in estate planning to create a comprehensive agreement.