In Texas, and elsewhere, an executor of a will can be removed if they fail to comply with their fiduciary duties. When a beneficiary believes that the executor should be removed, they can seek that action by petitioning the court. Often, this is done during probate litigation.
In one recent case that may be of interest to readers in Texas, a woman has asked the court to remove her brother-in-law as the executor of her late husband's estate. In fact, she has additionally requested that her father-in-law be removed as the successor executor. These requests have come during probate litigation over the status of the estate, where the issue of bias has been raised.
An intriguing part of this matter is the fact that the man who is now deceased died as a result of murder. In addition, his wife has been charged with conspiring to commit his murder. The wife's complaints about her husband's chosen executor's stem from comments that they may have made regarding her complicity in the murder of her husband. Some say its bias, while others believe it is a matter of duty.
Though this probate litigation includes murder and intrigue, it is not uncommon in Texas for executors to face questions surrounding their duty to manage the estate of a deceased person. The duties of such an individual include the duty to perform their responsibilities without bias to the beneficiaries of the estate. In this case, the primary beneficiary of the will created prior to the murder may be the wife who has questioned the actions of the executors. The specifics of the estate plan created by the now-deceased man have not been made public at this time. When questions arise in probate litigation, it is often wise to enlist the aid of an objective, experienced advocate who can take charge and guide the case to success.
Source: wsbtv.com, "Andrea Sneiderman wants brother-in-law removed as executor from dead husband's will," Mike Petchenik, Sept. 14, 2012