Removal of Executor Upheld by Court

The San Antonio Court of Appeals recently considered a challenge to the probate court’s removal of an independent executor in Estate of Montemayor.  The probate court removed the executor after finding that, after three years, he had not effectively pursued resolution of the estate.  The sole asset of the estate was a house in which the executor had moved into and told one of the beneficiaries that “he was going to keep [it].”  He also changed the locks on the gate leading to the house and failed to pay the estate any rent for living there. 

The court concluded that such conduct supported the probate court’s finding that the executor had a conflict of interest amounting to gross misconduct and mismanagement of the estate.  The executor breached his fiduciary duty to protect the beneficiaries’ interest, allowing his own interests to override his obligations to the beneficiaries. 

See J. Michael Young, Court of Appeals Upholds Removal of Executor, Texas Probate Litigation, Apr. 29, 2015.

Special thanks to Jim Hillhouse for bringing this article to my attention.