Learn about removing a fuduciary in Texas

Published by Robert A. Ray

Contesting a will in Texas
– Robert 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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Read About Gross Mismanagement by a Trustee.

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...

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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).

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Contesting a will in Texas

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