Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Can an Executor of a Will Be Removed?

Can an Executor of a Will Be Removed?

November 2, 2020 By Staff - s.r. Leave a Comment

Living will executor

Executors of estates can be removed, but not just because disgruntled heirs do not like them. Texas law allows the removal for specific reasons and has an established procedure for making this happen.

Some Reasons for Removing an Executor of a Will

There are several reasons an executor may be removed. For example, if the executor has:

  • Mismanaged the funds either intentionally such as embezzling, or by negligence. If theft of property is proved, the executor may also be criminally prosecuted.
  • Has a conflict of interest. One court found an executor had a conflict of interest when, instead of selling a home and dividing the profits among the heirs, he moved into the home of the decedent and expressed his intent to live there forever.
  • Failed to comply with statutory accounting requirements.
  • Failure to perform other duties required of executors by statute or by the terms of the will.
  • Becomes incapacitated in any way.
  • Been imprisoned for commission of a felony.
  • Any other reason that proves the executor is incapable or negligent with the duty entrusted to him or her.
  • Failed to comply with a court order.
Procedure for Removing the Executor of a Will

Beneficiaries who want an executor removed must petition the probate court for removal. The motion can be brought by just one beneficiary even over the objection of other ones. The executor will be allowed to respond to the petition.

The court will hold a hearing where evidence is presented by both sides. The court will make its decision based on whether the petitioner has met his or her burden of proof.

If the court, on its own motion, finds the executor is incompetent or is mismanaging the estate, or is simply “unsuitable,” it can remove the executor. The court can remove the executor on its own motion even if one or more beneficiaries object to the removal.

The court’s order of removal must state the reasons for the removal. The court must also appoint a new executor or issue an order as to how the assets will be distributed.

Whether the removal is the result of the court’s own motion or the petition of one or more beneficiaries, a beneficiary who believes the removal is not in the best interest of the estate may appeal the removal order to the next higher court.

For more information about the grounds for removing an executor, and the process required to make that happen, contact Aubry Dameron to schedule a consultation.

Filed Under: Featured Tagged With: Executor, Wills

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Top Five Things To Look For When Hiring A Personal Injury Attorney

Many lawyers hold themselves out as personal injury attorneys, but what are the top 5 things to look for in hiring a personal injury lawyer?  You’ll find all of those qualities here … [Read More…]

Will Not Wearing A Seat Belt Affect My Personal Injury Claim?

Wearing a seat belt can save your life, but can it also save your personal injury case?  If you’re hurt in a car accident that’s not your fault, you would like to be compensated for your … [Read More…]

Why are Truck Accidents on the Rise in Texas?

According to a report by the American Trucking Association (ATA) released in October 2017, there is a serious shortage of truck drivers nationwide. ATA estimated the shortage would be 50,000 by the … [Read More…]

Drowsy Driving Accidents

According to the National Highway Traffic Safety Administration in 2015, over 100,000 motor vehicle crashes are directly attributable to driver fatigue every year. Those are only the drowsy driving … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in