Many clients desire to list a Co-Personal Representative to their Will, a Co-Trustee to their Trust, and a Co-Patient Advocate to their Durable Power of Attorney for Health Care.
The client’s reasoning is often that one child will feel left out, or have hurt feelings, believe that their parent thinks that one child is better, smarter or more capable than another. I have told clients that it is time to put that aside; and frankly, if one child is going to be that petty, then they are probably not the right person for the job anyhow. Or, if one child needs to watch over the other, then maybe neither of them are proper for the role and maybe the client should consider another person.
I have never supported the appointment of co-fiduciaries in documents I prepare. I have many horror stories concerning administrating Wills and Trusts for families that have co-fiduciaries in place, which were prepared by other attorneys. I have witnessed the Co-Trustees/Co-Personal Representatives have major disagreements and outright arguments concerning administration of the estate/trust. If you think you are setting it up for your children to agree by having Co-Personal Representatives, you are probably doing the opposite, setting them up for an argument.
