Once appointed by a Texas court, a Texas Executor gains significant power to administer an estate and transfer wealth. Further, this power is especially vast when the Texas Executor is independent. An Independent Executor performs many acts with little to no court supervision. This vast power is useful and can greatly reduce the cost of probate. That being said, some Executors abuse their vast power to the detriment of estate beneficiaries. When this occurs, estate beneficiaries often file Texas Executor Removal Lawsuits.
When Can Texas Estate Beneficiaries Remove a Texas Executor Through Texas Executor Removal Lawsuits?
Estate Beneficiaries can remove a Texas Executor through a court in several situations. Successful Executor Removal Lawsuits require evidence of Executor failures, neglect, or other bad acts. More specifically, Beneficiaries can remove an Executor without notice in six different situations. These situations include proving an Executor 1) neglected to qualify; 2) failed to timely file an inventory; 3) failed to give bond; 4) was absent from the state without court permission; 5) eluded or was unavailable for service; or 6) illegally embezzled, misapplied, or removed estate property.
Further, Beneficiaries can remove an Executor with notice for several reasons. These reasons include 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 first seek an accounting. In the alternative, they may seek a partial or full distribution of the estate. They also may want 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. Further, 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 Removing 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.