Executors and administrators are responsible for managing the assets of a deceased person’s estate and distributing them to the beneficiaries. However, conflicts of interest can arise when the executor or administrator has a personal stake in the estate, such as when they are a beneficiary. In these situations, it may be necessary to remove the executor or administrator to prevent any further conflicts of interest. Here’s what you need to know about removing an executor or administrator for a conflict of interest:
Legal Grounds for Removal
Under Texas law, an executor or administrator can be removed for a variety of reasons, including:
- Conflict of Interest: When an executor or administrator has a personal interest in the estate, such as being a beneficiary, it can create a conflict of interest that may make it difficult for them to act impartially.
- Mismanagement: If an executor or administrator mismanages the estate, including failing to properly account for assets, failing to pay taxes or debts, or otherwise mishandling the estate’s assets, they can be removed.
- Failure to Perform Duties: Executors and administrators have a duty to act in the best interests of the estate and its beneficiaries. If an executor or administrator fails to perform their duties, including failing to distribute assets in a timely manner or failing to follow the terms of the will, they can be removed.
How to Remove an Executor or Administrator
If you believe that an executor or administrator should be removed for a conflict of interest or other reason, you can file a petition with the probate court. The court will hold a hearing to determine whether the executor or administrator should be removed. At the hearing, you will need to provide evidence of the conflict of interest or other grounds for removal.
In some cases, the executor or administrator may voluntarily resign before the court makes a decision. In this case, the court will need to approve the resignation and appoint a new executor or administrator.
Executors and administrators play a critical role in managing the assets of a deceased person’s estate. However, conflicts of interest can arise when the executor or administrator has a personal stake in the estate. If you believe that an executor or administrator should be removed for a conflict of interest or other reason, it is important to consult with an experienced probate attorney. An attorney can help you navigate the legal process and protect your rights as a beneficiary.
Looking to remove an executor? Or Do you have concerns about them being able to do their job?; we can help! Call our office at 832.408.0505 and book your Legal Strategy Session today! Our Clear Lake office is located at 1100 NASA Parkway, Ste. 420J, Houston, TX 77058.