Understanding Estate Inventories in Texas: A Guide for Beneficiaries

Understanding Estate Inventories in Texas: A Guide for Beneficiaries

by | Last updated Jul 8, 2025 | Contesting Wills, Contesting wills, Duties, How to probate a case, Inheritance, Procedure, Removal, Time limits, Who is a Fiduciary

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TL;DR An inventory is a comprehensive list of all the assets of the estate and all claims against it. If an incorrect inventory is filed, you must object to it in a timely way, or it may be too late.

Understanding Estate Inventories in Texas and How to Object.

When a loved one passes away, the process of distributing their estate—the property and money they leave behind—can be both emotional and complicated. A critical part of this process is creating a list of all the things the deceased person owned, called the “Inventory, Appraisement, and List of Claims.” This list includes everything from their home and bank accounts to personal items and any debts owed to them.

But what happens if one of the people set to inherit from the estate feels that this list is incomplete or incorrect? Let’s break this down using a real case (No. 13-22-00576-CV) as an example.

What is an Estate Inventory?

When someone passes away, their estate usually goes through a legal process called probate. This process helps to manage and distribute their assets according to their will or, if there is no will, according to state law. In Texas, the person in charge of managing the estate, the executor (or executrix, if female), must file an inventory with the court. This inventory shows all the deceased’s property—like their home, bank accounts, and personal items—so that the court and beneficiaries (those named in the will) know what the estate is worth.

This inventory helps ensure transparency, ensuring the executor is fair and open about what the deceased person owns and how it will be divided among the beneficiaries.

What If the Inventory Is Wrong?

Sometimes, a beneficiary—someone supposed to inherit—might think the inventory isn’t accurate. They may believe that certain assets were left out or that the executor didn’t give some items a proper value. This is precisely what happened in the case of Dale Oretus Maun.

Case Study: Dale Oretus Maun’s Estate

Dale Oretus Maun passed away in 1985, leaving his estate to his three children: Mark, Debora, and David. Debora was appointed as the executrix and, in 1989, filed the required inventory with the probate court. However, over 30 years later, in 2021, Mark claimed that Debora didn’t disclose all the assets the estate owned and failed to report the income generated by the estate after Dale’s death. He argued that Debora didn’t divide the estate according to their father’s wishes.

Mark filed a lawsuit against Debora’s estate after her death, but the court ruled that it was too late for him to bring the claim. The court’s decision hinged on timing, which brings us to an important point—when and how you can object to an estate inventory.

How to Object to an Inventory

If you’re a beneficiary and believe the inventory the executor files is incorrect or incomplete, you can file an objection with the probate court. Here are some common reasons to file a complaint:

  1. Assets were left out: If the executor did not include the deceased’s property, you might claim that the inventory is incomplete.
  2. Asset values are wrong: If you think the property was valued too high or too low, it could affect what each beneficiary gets.
  3. Income was not reported: If the estate made money after the person passed away, like from rent or interest on investments, the executor must also account for this income.

In the case of Dale Oretus Maun, Mark argued that his sister, Debora, did not include all assets, didn’t report estate income, and failed to divide the estate fairly.

Timing is Important: The Statute of Limitations

While beneficiaries have the right to object to the inventory, they must act quickly. In Texas, claims like breach of fiduciary duty (meaning the executor didn’t do their job correctly) must be filed within four years of the problem being discovered. This is called the statute of limitations.

In Mark’s case, the court found that too much time had passed. Mark knew about the missing assets and other issues long before 2021, so his lawsuit was dismissed. Even though Mark tried to argue that he couldn’t have known about the problems sooner, the court said he should have investigated earlier.

Lessons for Beneficiaries

This case teaches an important lesson: keep a close eye on the probate process and act quickly if something seems wrong. If you think the executor hasn’t listed all the assets, didn’t report income, or is not following the will, raising these issues with the probate court as soon as possible is crucial.

Deadlines are strict, and waiting too long could mean losing the chance to make sure the estate is handled fairly. Some exceptions exist to these deadlines, like if the executor hid information on purpose, but it’s always a good idea to seek legal advice early on.

Final Thoughts

Understanding Estate Inventories in Texas: Objecting to an estate inventory is a serious matter, but protecting your rights as a beneficiary is essential. Understanding the process and acting within the proper time limits is critical to ensuring that the estate is managed fairly and that you receive what you are entitled to under the will. If you think something isn’t right with how an estate is handled, consult a lawyer to discuss your options.

Share this post

If you found this information helpful, please share this post with others dealing with similar probate issues. Have questions or personal experiences with will disputes? If you’re facing a legal battle over the validity of a will, consider consulting with a legal professional specializing in probate litigation to ensure your rights are protected.

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Navigating Power of Attorney Abuse in Texas: Your Comprehensive Guide

Navigating Power of Attorney Abuse in Texas: Your Comprehensive Guide

by | Last updated Jul 27, 2026 | Removal, Undue Influence, Who is a Fiduciary

Power of Attorney Abuse

In Texas, entrusting someone with a power of attorney is a significant decision granting substantial control over personal affairs. However, it is common to witness instances where this privilege is misused, leading to many complications and disputes. As someone who may be grappling with the repercussions of power of attorney abuse, it is imperative to understand your legal standing and the avenues available for redress. This post aims to discuss revoking a power of attorney in Texas. You can confidently and securely steer through this challenging time when armed with the proper knowledge.

You gave the Power of Attorney.

You can revoke the power of attorney if you are the one who gave the power of attorney and are dissatisfied with the person to whom you gave it. The best way to do this is to see your attorney and have him prepare a revocation of power of attorney.

A loved one gave the Power of Attorney.

A more complex situation arises when a loved one gives a power of attorney. That is especially true when the loved one is now incompetent to handle their affairs and cannot revoke the power of attorney. What do you do in that situation? A 2023 Texas case will illustrate how that situation can be handled.

The Fort Worth Court of Appeals (02-22-00300-CV) ruled that someone other than the person who gave the Power of Attorney could ask the court to remove someone who held a power of attorney.

Facts of the case.

Trudy, who experienced “progressive mental deterioration . . . consistent with her dementia diagnosis… While still competent, Trudy executed a statutory durable power of attorney designating her daughter Linda as power of attorney.

Later, daughter Dianna moved in with Trudy and has been living rent-free in a house owned by Trudy. Dianna had prepared a quitclaim deed from Trludy to her, which Adult Protective Services later found to have involved financial exploitation.

After the deed, Dianna had Trudy execute a new power of attorney in favor of Dianna that removed Linda. Based on the Power of Attorney, Dianna took control of some of Trudy’s bank accounts, social security payments, and credit cards.

Brother Kyle filed a guardianship application and sought to be appointed Trudy’s guardian. He asked for temporary relief, claiming that Dianna had taken a significant portion of Trudy’s net worth. The allegations were that Trudy didn’t have the mental ability to change her Power of Attorney when she signed the new power of attorney in favor of Dianna. Hence, Linda, not Dianna, was the true power of attorney.

After a two-day bench trial, the probate court entered its judgment that because Dianna had “breached her fiduciary duty,” Dianna was “removed as agent in all powers of attorney for health care and all durable powers of attorney executed by” Trudy. See Tex. Est. Code Ann. § 753.001 (empowering probate court to remove agent upon finding breach of fiduciary duties owed to principal).

Appeal

Dianna appealed. She claimed that Kyle didn’t plead breach of fiduciary duty. The appeals court rebuffed that argument. Since there was no question that Dianna was a fiduciary, the burden was on her, not Kyle, to show that her actions did not breach her fiduciary duties. Additionally, the court noted that Dianna did not contest the findings of fact that she had been living rent-free in Trudy’s house and was paying the utilities with Trudy’s money—a breach of her fiduciary duty, which was sufficient to remove her as the Power of Attorney.

You can learn about guardianships here.

Removal Suits May be Subject to the Texas Anti-SLAPP, TCPA Law

Removal Suits May be Subject to the Texas Anti-SLAPP, TCPA Law

by | Last updated Dec 16, 2020 | How, Removal

Problems with Removal of Trustee or Executor

Trustees and executors are fiduciaries and owe duties to the beneficiaries of the trust or estate that they are in charge of. If they breach those duties, they can be removed.

The Texas Anti-SLAPP, TCPA, law was established to protect a person’s right to free speech, free association and the right to petition. When a suit is filed and a motion to dismiss under the Texas Anti-SLAPP, TCPA law is filed, the suit stops and the judge must rule on the motion. If he grants the motion, the suit is dismissed and the person who brought the suit is required to pay the attorney’s fees of the person sued. He may also have to pay expenses and sanctions. The law is a draconian sword hanging over suits.

The law has been applied in many different suits like divorce actions, collection suits, contract cases, etc. How far the law reaches is still being ironed out in Texas.

Recently, there was a suit to remove a trustee. Does it apply to removal actions?

A suit was filed to remove a trustee. The trustee filed a motion to dismiss under the Texas Anti-SLAPP, TCPA, law. You can read about it below.

Suit to Remove Trustee as a Texas Anti-SLAPP, TCPA Claim

Does the Texas Anti-SLAPP, TCPA law apply? Well, in the case, the court assumed without deciding that it did then went on to rule that the people against whom the motion to dismiss was filed met their burden and proved their defense. The motion to dismiss was denied.

If the people who filed the removal action had not met their burden, their removal suit might have been dismissed and they would have had to pay the attorney’s fees of the trustee. Just be aware!

Learn About a Trustee’s Conflict of Interest in Texas

by | Last updated Jan 2, 2020 | Removal

In 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

the wife appealed.  The court of appeals agreed with the wife and removed the brother.  The court’s reasoning was based on the fact that the shared ownership between the executor/trustee and the estate was a conflict of interest.  The court must remove a fiduciary when there is a conflict of interest between the fiduciary and the beneficiary. 242 /3 182.

Update:  The Supreme Court of Texas reversed this case and ruled that, under the facts of this case, the executor could not be removed.  If you think that a fiduciary has a conflict of interest, you should contact us to evaluate the case in light of this Supreme Court decision.P.C. 149C and Prop. C. 113.082. 284 /3 831.

Update 2: The Texas legislature passed legislation that has the effect of overruling the Supreme Court’s decision in the first update. Now, a “material conflict of interest” will require removal of an executor or trustee. P.C.149C(a)(7).

By a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.

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 Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

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

Read About Gross Mismanagement by a Trustee.

by | Last updated Jan 2, 2020 | Removal

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

due to non-payment of property taxes. Other evidence admitted in the record reflected he lent $25,000 of the estate’s money to one of his own clients. The loan was not documented. Accordingly, there was no due date for repayment by the client, no agreement to pay interest, and no collateral was provided to secure payment. The attorney had not attempted to collect any payments on this loan at the time of the hearing.

Faced with this record, the trial court removed the attorney and required him to repay the estate all of the money that he had received.  While this is a really bad case of mismanagement, almost any of the actions by the attorney listed above would require the court to remove him as the executor.

If you suspect mismanagement of an estate in which you have an interest, you should act immediately.  If you wait too long, the estate could be depleted.

By a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about Texas inheritance laws, inheritance rights, probate limits, have a family inheritance dispute, a property dispute or want to know the reasons for contesting a will or protecting a will from a contest and need an inheritance lawyer, we can help. Please click on the “Contact Us” tab above and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case. There is no fee for the initial consultation.

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 Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

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

Breach of Fiduciary Duty has a Four Year Statute of Limitations

by | May 20, 2019 | Probate, Removal, Trustee

Breach of Fiduciary Duty has a Four Year Statute of Limitations

I wrote an article that explains that executors, trustees, people holding a power of attorney and others are fiduciaries. You can view that here.

I have written before about the limitations period for breach of fiduciary duty here.  In that article, I talked about a Texas Supreme Court ruling that said there was no limitations period for an action to remove a fiduciary. The idea being that the wrongs being committed for which a removal is sought are ongoing. There is no specific date that a wrong occurred.

Limitations for a specific wrong do have a specific date and the four year statute of limitations applies. In a recent case, a trustee gave a deed of some of the property in the trust. The plaintiffs “asserted that they were residual, contingent beneficiaries of testamentary trusts…” and that the deed denied them benefits that they would have otherwise received because there was not much left in the trust.

The deed was filed in 2010 but suit was not filed until 2015, more than four years after the deed was recorded.  The appeals court upheld the trial courts dismissal because of limitations. 11-16-00253-CV.

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