Learn about removing a fuduciary in Texas
Published by Robert A. Ray
Removing a Fiduciary in Texas
A fiduciary is anyone who has possession or control of someone else’s property. The someone else is referred to as the beneficiary. Who is a fiduciary? They include a trustee, an executor, an administrator, a holder of a power of attorney,etc. The fiduciary owes the beneficiary the highest duty recognized in law. He is liable for a breach of his duties. One of the liabilities that a fiduciary faces is removal as the fiduciary.
Let’s use an executor as an example. A person dies and leaves a will that names an executor. The executor starts administering the estate but is not forthcoming with the beneficiaries and starts to take actions that benefit the executor rather than the beneficiaries. One of the actions that the beneficiary can take is to ask the court to remove the executor and replace him.
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A 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, the can be removed. The removal suit may involve the Texas Anti-SLAPP, TCPA law.
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...
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...