Joint Accounts And Probate
The Executor or Administrator of an estate in the Harris County Probate Court is responsible for administering the probate estate of the deceased. Sometimes disputes arise concerning exactly what property is included or not included in the probate estate. One common source of confusion is joint accounts held at local banks or other financial institutions.
The case of Nipp v. Broumley shows how in certain circumstances a joint account is included and administered in the probate estate even after the other person
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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
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When You Can Remove an Independent Executor
Not every probate estate administration in the Harris County Probate Court is completed smoothly. Occasionally a beneficiary or heir of the estate may have concerns about the conduct of the Executor. Intentionally or unintentionally, sometimes an Executor fails to live up to their legal obligations as the fiduciary of an estate. The most common method of dealing with an Independent Executor that is acting improperly is to petition the Harris County Probate Court for their removal.
The law describes the specific criteria for when the Harris County Probate Court is authorized to remove a duly appointed independent executor. The Harris County Probate Court may remove an independent executor when:
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