When You Can Not Remove an Independent Executor
The case of Kappus v. Kappus demonstrates how hoping for the best is not always the best strategy. In the Kappus case, the decedent’s ex-wife and mother of one of the beneficiaries, attempted to remove an independent executor due to a conflict of interest.
The Texas Supreme Court reviewed the case and ruled that “conflict of interest,” either actual or potential, is not one of the listed grounds for removal of an independent executor. The court explained that being in a conflict situation is not the same as misapplication, embezzlement, gross misconduct, gross mismanagement, or being incapacitated.
The court’s ruling highlights that the Harris County Probate Court has broad discretion to disqualify a person as being “unsuitable” before they are appointed as independent executor, but once a person is appointed, the only grounds for removal are expressly stated in the statute.
Speak with a Houston Probate Attorney today if you need assistance with a probate matter in Harris County.