Houston Estate Planning and Elder Law Attorney Blog
Probate is already a stressful process; if an executor fails to fulfill their duties, the process can be even more stressful than it needs to be. While in an ideal world, every estate executor would operate in a timely and thorough manner, this is not always the case. What happens, then, when a Texas executor fails to fulfill their duties under the law?
What is an Estate Executor?
An estate executor is the person responsible for handling a decedent’s estate once that person dies. The executor has responsibilities such as paying the decedent’s remaining taxes and debts, notifying beneficiaries, maintaining an accurate list of the decedent’s assets, initiating proceedings in the corresponding probate court, and distributing assets to the decedent’s loved ones once everything has been approved. The executor is responsible for completing all of these steps in a timely manner.
Options if an Executor Does Not Do Their Job
If a beneficiary is concerned that an estate executor has failed to fulfill their duties, there are several options available. The first and perhaps most sensible option is to file a notice in the probate court, advising the court that the executor has not acted according to their responsibilities. This petition can ask the court to appoint a new executor. While this process can take time, it is often the best option in the long run if the executor is failing act in good faith. Once the court appoints a new executor, that executor will take over the probate process.
There are other options available to beneficiaries who are concerned about an executor’s performance. They can, for example, bring a civil or criminal lawsuit against the executor. These lawsuits are often reserved for more serious cases, and before filing a lawsuit, we recommend you speak with an estate planning attorney that can advise you of the possible advantages and disadvantages of each kind of suit. The suit can, for example, end up costing beneficiaries time and money, which may not be worth it in the end.
The most important thing to do in this scenario, however, is seek legal advice as soon as possible. There may be avenues to take that do not require legal action, and a Houston estate planning attorney should be able to look at the circumstances of your individual case and let you know the best possible remedy to get you the assets you deserve as soon as possible.
Are You in Need of a Houston Estate Planning Attorney?
If you or a loved one are looking for an experienced group of Houston estate planning attorneys, look no further. At McCulloch & Miller, we specialize in helping our clients prepare for the future, no matter what may come their way. To make sure your estate plan is in the right hands, consider the benefits our legal team can provide for you and your family.
If you would like to set up a consultation with one of our Houston estate planning attorneys at McCulloch & Miller, give us a call at 713-936-9073. You can also fill out our online form to tell us about yourself and have a member of our team contact you as soon as possible.