Suing An Estate Executor For Dummies In Texas
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What does an executor do? applying to admit the will to probate. applying for letters testamentary or letters of administration. helping with burial arrangements. notifying the heirs and beneficiaries. filing legal paperwork. collecting, securing, and appraising property. managing bank accounts, insurance, etc.
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.
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.
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.
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.
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 ...
Can You Sue an Estate After Probate? Typically, no. Texas law states that claimants must make their claims on an estate before probate closes. However, many claimants can still seek payment from beneficiaries who received assets from the estate during distribution.
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.
