TexasInheritance.Com
Removal of a fiduciary in Texas
by Robert A. Ray
A trustee is a fiduciary.
Executors and Administrators are fiduciaries.
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. Whois 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 dutyrecognized in law. He is liablefor 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:
Breach of fiduciary duty has a four year statute of limitations
Learn about fiduciary duty in texas
Start here to learn about fiduciaries
Learn when an executor or other fiduciary must make an accounting
Robert Ray
Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).
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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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.