Suing An Estate Executor For Child Support In Texas
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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.
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.
If you have child support arrears, the Texas Child Support Division can take various actions to collect the outstanding payments. Regarding inheritance, the laws in Texas might allow the interception of certain assets, including inheritances, to satisfy past-due child support obligations.
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.
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.
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 ...
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
By law, the Office of the Attorney General has several child support enforcement remedies available — up to and including contempt, probation and possibly incarceration.
The new Texas child support law in 2023 typically includes Senate Bill 870, which: Gives the court new powers related to underemployed and unemployed obligors, Modified how support is calculated and when it is ordered, Modernized some rules, and.
