Lubbock, TX asked in Civil Litigation and Estate Planning for Texas

Q: can i remove my brother as executor of my moms estate

2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If your mother named your brother and the court appointed him, only the court can remove him. You can petition the court to remove him if he has not produced an accounting within 60 days following your demand after 15 months or if he has not distributed the estate after two years or if you have clear and convincing evidence that he has violated his good faith (fiduciary) duty, for example, by distributing to someone who was not named in your mother's Will.

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: It depends on if he has done anything illegal or unethical while administering the estate. The best thing is to do is consult with a probate lawyer that specializes in litigation.

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