Legal Question in Wills and Trusts in North Carolina

Re: Executors

It is true that if I were drafting a will, I wouldn't recommend three executors or even two for that matter because it makes things more complicated. Now that you have been named as Executor, I guess it depends on how much you trust your brothers. Why not ask one of them to resign as well so that only one of you is Executor? The Executor oversees the administration of the Estate - it doesn't change who the beneficiaries are. The estate file is also public record so you can keep tabs on what is being filed. The Executor does have lots of power and discretion for certain things. You may have to read the will and then read the statute to see what the Executor is empowered to do. One final note is that an Executor could be entitled to compensation. I believe that would be taxable income so it might not be advisable but on the other hand if you and your brothers are each getting 1/3, the compensation could be paid before the distribution is made. If that is a concern, you should have them file something that they waive any compensation for being Executor.