Suing An Estate Executor For An Estate In Collin
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FAQ
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It's best to have a qualified probate lawyer advise you first and help you with this petition.
How to Remove an Executor. If an interested party believes that an Executor has committed acts requiring removal, they can hire an Estate Litigation Attorney to petition for that fiduciary's removal.
Once you're ready to do so, there are two options to choose from: add a codicil to an existing will or draft a brand-new will. It's also important to note that the beneficiaries of a will can petition a court or file a lawsuit to remove an executor who is failing to fulfill their duties.
How can an executor be removed? executor not meeting required qualifications; out-of-state executor not having a Texas resident agent; inability to find the executor; embezzlement or misuse of estate funds; gross misconduct or mismanagement of the executor's duties; failure to file required documents;
Standard Executor Compensation This is referred to as the five-and-five rule. However, there are limitations to this commission. It cannot exceed five percent of the gross fair market value of the estate being administered, and it is not applicable in certain situations.
Texas Probate Timeline If the estate is small or simple, the probate court can often conclude the process within six months. However, there are many cases where probate can last for a year or longer. This is especially true where the original will is contested or is missing.
In certain circumstances the beneficiaries may wish to remove the executor but, unfortunately for the beneficiaries, the law is largely on the executor's side – a disgruntled beneficiary must have strong grounds to succeed in an application for an executor's removal.
As a fiduciary, an executor has a duty to protect the beneficiaries' interest by fair dealing in good faith with fidelity and integrity. His or her personal interests may not conflict with their fiduciary obligations to the estate.
