29 April 2015

Court of appeals upholds removal of executor

In Estate of Montemayor, the San Antonio Court of Appeals considered a challenge to the probate court’s removal of an independent executor.  Such removals have become more difficult since the Texas Supreme Court’s opinion in Kappus v. Kappus. The probate court removed the executor because it found that, after over three years, he had not effectively pursued resolution of the estate.  That alone is not necessarily grounds for removal.  But the sole asset of the estate was a house and lot. The executor moved into the house and told one of the beneficiaries that “he was going to keep the […]
26 May 2014

A claim for tortious interference with inheritance is not necessarily a “probate proceeding”

In In re Hannah, the Houston Fourteenth Court of Appeals considered the Texas Estates Code definitions of a “probate proceeding” and a “matter related to a probate proceeding.”  The case involved a claim by the beneficiary of prior wills against the beneficiaries of a later will.  The claim was that the later beneficiaries tortiously interfered with the prior beneficiary’s expected inheritance. The tortious interference case was filed in Harris County.  The will depriving the earlier beneficiary of her interest was filed and admitted to probate in Aransas County.  The beneficiaries of that will were defendants in the Harris County suit.  They contended […]
7 February 2014

It is difficult to obtain summary judgment dismissal of a will contest

A standard tactic in defending a will contest is for the proponent of the will to seek dismissal by a summary judgment motion.  Under Texas law, a summary judgment dismisses a case before trial. It is designed to dispose of cases where the evidence is so strong that a jury could not reasonably find for the contestant. A summary judgment motion is a very important event in a will contest.  If the contest survives summary judgment, the case will proceed to trial.  Trials are very expensive and the results are not necessarily predictable. Smart lawyers will encourage their clients to explore reasonable settlement possibilties […]
11 November 2013

An executor owes duties to the beneficiaries of an estate

The executor of an estate in Texas owes the beneficiaries certain duties as a fiduciary. An executor is essentially the trustee of the estate’s property. In general terms, the executor has an obligation to gather and safeguard estate assets, pay legitimate claims from creditors, and distribute the remaining assets according the terms of the will. Along with the general obligations to handle estate assets appropriately, an executor owes the beneficiaries a high duty of good faith, fair dealing, honest performance, and strict accountability.  That includes a duty of full disclosure of all material facts known to the executor that might affect the beneficiaries’ […]