Gresham, OR asked in Probate for Texas

Q: I would like to have her removed from fiduciary duties

My daughter is executor of my mothers estate in Texas.

she has failed to provide accounting and also has failed to

distribute the assets to beneficiaries

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

A: Timing is everything. If you have evidence that 15 months or more after the executor was appointed a beneficiary demanded an accounting and it was not produced within 60 days OR if you have evidence that 24 months or more after the executor was appointed no distribution was made, you can ask the court to have her removed.

Isaac Shutt
Isaac Shutt
Answered
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Our law office has a letter we send that requests an accounting. Under Texas Law, if you don't receive a satisfactory response within the allotted time, then the judge can order that that all of the assets be distributed and/or order that the executor be removed.

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