Unsuitability of Named Executor

In the case of In re Estate of Boren, 268 S.W.3d 841 (Tex. App. – Texarkana 2008, pet. denied), the trial court determined that the named independent executor was unsuitable under Probate Code § 78(e).

The appellate court reviewed the evidence and determined that the court did not abuse its discretion by acting in an arbitrary or unreasonable manner without reference to any guiding rules or principles.  There was evidence that the named executor acted inappropriately when he was serving as the agent for the testatrix and her husband in a variety of ways such as using the principal’s property, misappropriating funds, and not paying bills.

Moral:  Strong evidence is needed to overturn a trial court’s finding that a named executor is unsuitable.