QUESTION

What is New Jerseys definition of majority rule concerning a will with 3 executrixs if 1 executrix is holding up the procedings.

Asked on Jun 26th, 2012 on Estate Planning - New Jersey
More details to this question:
One of the exs was designated primary POA and ther second was designated back up POA the 3rd was designated as the third executrix.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
The Power of Attorney is no longer valid and really doesn't bear any weight.  I have had this issue before.  I am of the opinion that there is no "majority rule" when it comes to the Executors because all of them need to sign off on things.  For example, if you were selling property, and one executor did not agree and would not sign the deed, then I do not believe that clear title would be passed.  If there is a disagreement among the three, then proper thing to do is to go to court and either seek to have the one executor removed, or if they just refuse to sign, get a court order indicating that the two remaining executors are authorized to sign on behalf of all three. 
Answered on Jun 28th, 2012 at 1:11 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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