The aftermath of losing a loved one can be stressful and chaotic. It can help if that loved one had an estate plan in place with clear directions for inheritances and the designation of an executor (known as a “person representative” in Texas) to administer the estate and the probate process.
The naming of an executor doesn’t necessarily prevent family conflict. In fact, it can cause it – particularly if one or more family members disagree with the choice.
There can be valid reasons for not wanting a particular executor – like not believing they have what it takes to handle such an important responsibility or not trusting them to be in charge of so many assets. Sometimes, family members just harbor personal grievances against the chosen executor – who may or may not be a relative.
What does Texas law say?
What’s important to know is that beneficiaries can’t just get an executor removed from the position without a reason that’s listed in the law. As long as they meet the basic legal requirements of the state (being at least 18 years old and not having a criminal record), an executor can only be removed if there’s evidence of things like the following:
- They have “misapplied, embezzled, or removed from the state” any property from the estate – or attempted to.
- They have engaged in “gross misconduct or mismanagement in the performance of any duties.”
- They have failed to comply with a court order.
- They’re found to be “incapable of properly performing any duties of trust.”
The final can happen if a person doesn’t update their estate plan as their first choice (often their spouse) gets older and is no longer the best person for the job. This is why it’s important to name at least one alternate in case the executor declines the job or is removed.
If you believe a loved one’s executor needs to be removed based on the law, it’s wise to act quickly – especially if you believe that assets belonging to the estate may be at risk. A good first step is to get experienced legal guidance.
