Suing An Estate Executor For Child Support In San Antonio
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A child support lien “can be placed on properties, bank accounts, retirement plans, and other assets held by the non- paying parent” to enforce payment of child support (Texas Law Help).
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.
Child support is terminated when the child reaches the age of 18 or graduates from high school, whichever occurs later. Understanding the general rules surrounding child support termination is essential for both custodial and noncustodial parents.
In worst-case scenarios, unpaid child support can even make it impossible for the custodial parent to provide a safe home and a healthy diet. That is why the state of Texas makes it possible to sue for unpaid child support. If you are a custodial parent who has not been receiving the support due, you are not alone.
Statute of Limitations Table SituationTimeframe to Seek Overdue Support Child support order in place 10 years after the child turns 18 No child support order in place 4 years after the child turns 18
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
Texas law allows executors to sell property without the beneficiaries' approval, which can be necessary to keep the estate solvent. However, this authority comes with the responsibility of ensuring that the sale is conducted in the best interest of the estate.
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.
