After a person passes away, a court will begin the probate process to deal with their estate. The state’s probate courts have significant powers to evaluate the legitimacy of wills, oversee the actions of executors, and ensure that heirs at law receive the property that they deserve. Even so, it often falls to these heirs to stand up for their rights and ensure that executors comply with state law.
If you suspect legal violations by an executor, or if you have been accused of such, consult a Rosenberg estate litigation lawyer. At Romano & Sumner, our skilled trust and estate attorneys can provide representation to hold wrongdoers accountable and assist those who are wrongfully accused of breaches in the probate process.
The executor plays a crucial role during the estate administration process. This person has the sole authority to take control of a decedent’s estate, prioritize and pay debts, and distribute the remaining property to the heirs at law. The executor receives their power by court order. While a will may nominate a person to serve in this role, only a probate court’s issuance of Letters Testamentary can authorize this person to take control over property.
By law, the executor must act prudently and with good faith for the benefit of the heirs at law. Under Texas Estates Code § 351.101, the executor has to take care of the property the same way they would take care of their own. They have a fiduciary duty to properly administer an estate. The most common source of estate litigation involves disputes over whether an executor has fulfilled this duty. A seasoned attorney can further explain the role of executors and advise Rosenberg residents on pursuing or defending against estate litigation.
The executor has many powers and responsibilities in the administration of an estate. As such, the law obligates these people to act for the well-being of the estate as a whole. Failures to do so can lead to severe consequences.
If an heir at law or other interested party suspects that an executor has failed in their duties, they may ask the probate court to evaluate the executor’s actions. The executor’s duties include:
A local estate litigation attorney can evaluate the actions of executors to determine if they have met this standard. If not, a lawyer in the area can pursue litigation to remove the executor and seek compensation. TX Estates Code § 351.003 says that an executor may be personally liable for all costs to remove them from their position, as well as any attorney’s fees involved in the removal.
The estate administration process determines the property rights of heirs at law and all other presumptive beneficiaries. The executor of an estate has the authority to distribute this property, and the law says that they must act with reasonable prudence and with the sole intent to benefit the estate.
If you suspect that an executor has failed in this obligation, a Rosenberg estate litigation lawyer can help to file a lawsuit on your behalf. At Romano & Sumner, our attorneys are also experienced in defending executors against allegations of wrongdoing. Contact our firm today to learn more about how we can help you.
Romano & Sumner, PLLC
