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Saturday, October 12, 2019

Texas Executor Removal and Other Texas Estate Beneficiary Rights: Texas Independent Executors Are Powerful But Have Fiduciary Duties and Can Be Removed by Texas Executor Removal Lawyer

Texas Executor Removal and Other Texas Estate Beneficiary Rights: The Position of a Texas Independent Executor Is Powerful, But The Texas Executor Has Fiduciary Duties, Needs to Comply With Texas Law, and Can Be Removed in Some Situations by Texas Executor Removal Lawyer and Texas Estate Beneficiary Lawyer Jason Coomer

Under Texas law, any person with testamentary capacity can designate someone in their Will to carry out their wishes after they pass.  This person is typically called an Executor. Once appointed by a Texas court, a Texas Executor has significant power to administer an estate.  This power is especially vast when the Texas Executor is independent.  A Texas Independent Executor can perform many acts with little to no supervision from Texas courts.  This vast power is often useful and can greatly reduce the cost of probate. That being said, some Texas Independent Executors abuse this vast power to the detriment of estate beneficiaries.  When this occurs, estate beneficiaries have several options.  Below is a discussion of several rights and options Texas Will Beneficiaries have.

Can Texas Estate Beneficiaries Remove a Texas Executor or Texas Independent Executor?

Yes, Texas Estate Beneficiaries or other interested parties can remove a Texas Executor through a court for several reasons.  Texas Executors can be removed without notice by a Texas court for 1) neglecting to qualify; 2) failing to timely file an inventory and list of claims; 3) failing to give bond if required; 4) being absent from the state without court permission; 5) eluding or being unavailable for service; or 6) illegally embezzling, misapplying, or removing estate property.   

Further, Texas Executors can be removed with notice for several reasons including 1) illegally misapplying, embezzling, or removing estate property; 2) failing to return any account required by law; 3) failing to obey any order of the court; 4) being guilty of gross misconduct or mismanagement in the performance of their duties; 5) becoming incapacitated, imprisoned, or otherwise incapable of properly performing their duties; or 6) failing to make a final settlement by the third anniversary of the date of letters testamentary were granted.

What Can Texas Estate Beneficiaries do if they suspect a Texas Executor is Abusing Their Powers or Timely Refusing to Distribute an Estate?

Texas Estate Beneficiaries have several options to consider if they suspect a Texas Executor is abusing their powers.  Depending on the specific circumstances of the situation, the beneficiaries may want to seek an accounting, seek a partial or full distribution of the estate, or seek to remove the Texas Executor with or without notice.  Further, if the Texas Executor has breached their fiduciary duties, has stolen from the estate, or has committed fraud, the beneficiaries may also want to file suit against the Texas Executor and seek damages.  

When Can Texas Beneficiaries Obtain An Estate Accounting from a Texas Executor?

Texas Estate Beneficiaries can request an estate accounting for a Texas Executor after the expiration of 15 months from the date that the court clerk first issued letters of testamentary.  A formal demand for an estate accounting is typically made by a lawyer for the estate beneficiaries under Texas Estate Code 404.001. The formal demand for an accounting is often an effective in pushing slow moving Texas Executors to perform their duties and move towards distributing an estate. 

What Can Beneficiaries Do If They Suspect a Texas Executor is Committing Fraud?

If Texas Estate Beneficiaries suspect that a Texas Executor is committing fraud or breaching his or her fiduciary duties, it is usually best to speak with a Texas Executor Removal Lawyer or Texas Estate Beneficiary Lawyer.  The lawyer can review the evidence of fraud or other wrongdoing and discuss options to help the beneficiaries protect their rights and inheritance.  

More Information on Texas Executors and Administrators

For more information on Texas Estate Beneficiary Rights, Removing Texas Executors, and Lawsuits Against Texas Executors, please go to the following web pages: Texas Executor Fraud Lawyer Information and Texas Probate Fraud Lawyer Information.

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