Suing An Estate Executor With No Money In Tarrant
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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.
Executor's Role and Timeline for Asset Distribution. In Texas, an executor is given up to three years from their court appointment to distribute assets, excluding those allocated to creditors.
If a creditor wishes to file a claim against the estate, they must do so in writing and provide documentation of the debt. The claim must be filed with the probate court and a copy must be sent to the executor or administrator of the estate.
Section 304.003 - Persons Disqualified To Serve As Executor Or Administrator (a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States ...
Many clients ask, “Can an executor decide who gets what in Texas?” The executor must follow the will's directives and Texas law. However, keeping beneficiaries informed is key to avoiding disputes.
Yes, an executor can be a beneficiary under the same will so long as they were not also one of the two witnesses to the signing of the will. This is quite common especially where a spouse or civil partner are named as executor and are also the main or sole beneficiary.
No. In Texas, an estate is not a legal entity. Therefore, it cannot sue or be sued. A court will need to appoint a personal representative of an estate, acting in his or her capacity.
