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.
Posts tagged "executors"
After a person passes away in Texas, it is likely that a will or trust will be dispersed as per the estate-planning documents. In some cases, the heirs and beneficiaries are not satisfied with some terms of the estate plan and seek court intervention. When this occurs, there can be lengthy and costly litigation and even family discord.
Real property purchased by a party during their lifetime often becomes a part of their estate after they pass away. An estate plan created while the person is alive can direct the actions that an estate, through an executor, will take after the person dies. The options for property distribution are varied and can involve trusts or long-term asset distribution to beneficiaries. State laws, including those here in Texas, govern much of the distribution of an estate.
An executor of an estate has many responsibilities. Not only must they administer the estate of the deceased person, but they also must meet important fiduciary duties. These duties can include, among others, providing an accounting of the assets and debts of the estate in addition to reporting to the court. When an executor fails to meet their duties, beneficiaries can end up in court demanding accountings, or in extreme cases, asking for the removal of the executor.
Rosa Parks is known as one of the famous civil rights activists in America History, but this civil rights icon's estate has been mired in conflict and litigation. Rosa Park's estate plan provided that her possessions would go to a charitable institute dedicated to the education of black youth and community betterment. Unfortunately the charitable work of the estate and its trust were hindered by unnecessary litigation.
Estate planning provides people with peace of mind. If something was to happen to you, would you have the proper documents in place to make sure your wishes are followed? The distribution of assets can be dictated through a will, which many people tend to overlook. Sometimes people, who aren't of old age, think they don't need to worry about what will happen to their belongings.