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Posted on Friday, April 3rd, 2015 by Peter Klenk

I live in Philadelphia County, and my Will names my two children as co-executors. I thought this was a natural thing to do, but my children have not been getting along recently, what are my options?

Naming your children as co-executors when they do not get along is a bad idea. Co-executors have to work well together and cooperate. Children who are having a dispute can make what is a small family dispute into a family feud that lasts generations.

You should investigate changing your Will to name another family member or, if you have none that you trust, to name your Philadelphia Estate Planning Attorney. Your lawyer will charge a fee, but that fee will be small when compared to the potential costs of litigation and family turmoil between siblings.

When named executor, I normally ask that the document state that I receive my hourly fee rather than a percentage of the estate, which many lawyers take. I find the hourly fee is fairer for everyone involved.

If you need assistance with Estate Planning in Philadelphia County, please call one of our Philadelphia Estate Planning Attorneys for a free consultation.

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