Is our joint venture agreement separate enough from estate matters to avoid executor liability?
Dolan Williams
LawyerI was online, so I had a chance to do this pretty quickly! The agreement explicitly states that it does not affect [Name]'s fiduciary obligations as executor and applies only to the working relationship between you two for the renovation project. By stating that any estate-related duties will be handled separately “whenever he is appointed by the courts,” you’re making it clear this agreement isn’t tied to his formal role as executor. What is good is that the agreement doesn't transfer title, assign legal interest, or dispose of any estate property. It’s a cooperation framework for renovation planning, not an estate transaction, so it doesn’t interfere with probate proceedings or executor powers. I think a jury would understand this lain meaning. I like that you’re not using the JV to obligate the estate or make binding decisions about estate property. The agreement is strictly about aligning expectations and project roles between two beneficiaries (and a contractor LLC), which helps reduce misunderstandings, especially important when family and money are involved. Finally, the fact that there is a different service contract between the estate (or executor) and your LLC further distances the JV from any fiduciary concerns. The actual renovation work and payments are governed by that service agreement, not the JV, so this JV is essentially a coordination tool, not a legal authority. So ultimately, this is good. Just keep it in writing and sign it!
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My goal is to simply draft a joint venture agreement with my brother , executor of my moms estate which we have inherited her house, that documents how we will work together on the renovation. ie define our roles, expectations and common goal in writing to avoid a misunderstanding or hurt feelings later.
My real estate investment LLC will be doing the actual renovation. Is my joint venture document legally sound?
I contend that jv agreement has nothing to do with his executorship. He is concerned that by signing it this will put his executorship fiduciary responsibility at legal risk so he is not signing.
Can you advise me on my joint venture agreement for the I have another document that is a service contract with his executor role and my LLC that I will use to do the actual renovation
Hello! My name is Dolan and thank you so much for contacting me! I was online, so I had a chance to do this pretty quickly! The agreement explicitly states that it does not affect [Name]'s fiduciary obligations as executor and applies only to the working relationship between you two for the renovation project. By stating that any estate-related duties will be handled separately “whenever he is appointed by the courts,” you’re making it clear this agreement isn’t tied to his formal role as executor. What is good is that the agreement doesn't transfer title, assign legal interest, or dispose of any estate property. It’s a cooperation framework for renovation planning, not an estate transaction, so it doesn’t interfere with probate proceedings or executor powers. I think a jury would understand this lain meaning. I like that you’re not using the JV to obligate the estate or make binding decisions about estate property. The agreement is strictly about aligning expectations and project roles between two beneficiaries (and a contractor LLC), which helps reduce misunderstandings, especially important when family and money are involved. Finally, the fact that there is a different service contract between the estate (or executor) and your LLC further distances the JV from any fiduciary concerns. The actual renovation work and payments are governed by that service agreement, not the JV, so this JV is essentially a coordination tool, not a legal authority. So ultimately, this is good. Just keep it in writing and sign it!