Should and can I dispute executor of estate

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Should and can I dispute executor of estate

My brother is the executor of estate for
my deceased mother, I disagree with his
decision on Disbursement of assets. I
would like to dispute his ability as
executor of estate.

Asked on November 26, 2017 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When you say that you "disagree' with the way in which your brother is distributing etstae assets, you will need to demonstrate that he is acting criminally or incompetently, self-dealing or is not following specific instructions in the Will. If that is the case, then you can make an application in the probate court to have him removed and have a contingent or successor executor appointed. Also, if the Will provides a directive as to what to do in such a situation, then that will take presedence regarding removal.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your brother has committed a breach of his fiduciary duty with regard to the disbursement of assets, he can be removed and a successor appointed executor.
If your mother's Will includes procedures for removal of the executor and replacement with a designated successor, those procedures should be followed.
If your mother's Will is silent with regard to that issue, you can petition the probate court for removal of the executor and appointment of a successor.


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