Q: Does a no contest clause in a will cover the executor of the will ?
My step brother is named executor and he had misappropriated some of the assets of before death ( with a POA) I was going to go to court file to have him removed from executor but am concerned about the no contest clause
A: It is hard to tell what the "no contest" clause covers without reading the Will. Texas law exempts contests brought in good faith and for just cause. From your description it sounds as though rather than contesting the distributions under the Will, you may be contesting the appointment of the executor based on what you think were bad acts during the testator's life.
A:
Meet with a probate lawyer ASAP. Many probate lawyers offer a free (or inexpensive) consultation meeting. The wording of the no-contest clause is important. However, and this is probably even more important, the no-contest clause cannot be used as a shield for the executor's wrongdoing. There are some new probate cases that establish this. In other words, in cases like yours where the executor did something wrong (like misappropriating funds), even if the will says that you can't challenge the executor, you CAN still challenge the wrongdoing of the executor.
To make a long story short, you really should meet with an attorney. People try to use those no-contest clauses as a shield for their wrongdoing, but there is law to prevent this.
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