When can a fiduciary be removed?

Removal of fiduciaries

Read About Gross Mismanagement by a Trustee.

Read About Gross Mismanagement by a Trustee in Texas.A fiduciary can be removed because of gross mismanagement.

In a recent case, an attorney was appointed as the Independent Executor of his great uncle's estate.  He was not a beneficiary under the will.  He hired himself to be the attorney for the estate.  The will did not provide for the attorney to receive a fee for his services. 

The Inventory and Appraisement was filed over one year and seven months after he was appointed independent executor.  The probate code requires the  Inventory and Appraisement to be filed within 90 days.  He sold two parcels of the estate's real property and paid himself nearly $100,000 as "compensation."  Additional evidence showed that the attorney failed to pay property taxes or correct code compliance violations on the real estate after receiving notices from the city. Accordingly, the estate was charged penalties and the only remaining property in the estate was scheduled for foreclosure

Read more ...

Learn About a Trustee's Conflict of Interest in Texas

Learn About a Trustee's Conflict of Interest in TexasIn Texas a fiduciary can be removed if he has a conflict of interest with the beneficiary.

In a recent case, two brothers owned a farm.  Both had done extra work on the farm.  One of the brothers died.  The one that died had an ex-wife and two children.  He left his property to his children.  His will created a trust for them.  He named his brother both as executor of the will and as the trustee of the trust.  His brother was, therefore, a fiduciary under the will and under the trust.

The wife asked the court to remove the brother as executor and as trustee.  The trial court refused to remove him and

Read more ...

Your Privacy

We take your privacy very seriously. We are keenly aware of the trust you place in us and our responsibility to protect your privacy. We treat all information provided to us with care and discretion.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Tyler, Texas.

Robert Ray, Texas inheritance attorney.Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Tyler, Texas.

Robert Ray, Texas inheritance attorney.Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Inheritance Updates

blogInteresting inheritance news on our blog, take a look blog.