Removal of a fiduciary in Texas

by Robert A. Ray



A trustee is a fiduciary.

Executor or Administrator

Executors and Administrators are fiduciaries.

Power of Attorney

A power of attorney is a fiduciary

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.

Read more about why and how an executor, administrator, trustee, or other fiduciaries can be removed. Look at this post:

Removal Of Executor In Texas

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

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A person who is an Executor, Administrator, Trustee, or who has a Power of Attorney is a fiduciary. A fiduciary must act in the best interest of the beneficiaries and show that each of his actions was in the beneficiaries’ best interest. When an action benefits the fiduciary in any way, there is a presumption of unfairness, and the fiduciary may be liable.

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In the DFW area


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