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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The List of Claims
The List of Claims is a document that must be attached with the probate Inventory when it is filed with the Harris County Probate Court. The List of Claims is used to document amounts due or owed to the Estate and must include:
(a) The name of each person indebted to the estate and his address if known.
(b) The nature of such debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract.
(c) The date of such indebtedness, and the date when the same was or will be due.
(d) The amount of each claim, the rate of interest thereon, and time for which the same bears interest.
(e) In the case of decedent’s estate, which of such claims are separate property and which are of the community.
(f) What portion of the claims, if any, is held in common with others, giving the names and the relationships, if any, of other part owners, and the interest of the estate therein.
The Harris County Probate Court may refuse to accept a proposed Inventory if you forget to attach the List of Claims or if the documents are not properly prepared. A Houston Probate Attorney can help you fulfill your obligations and get through the Houston Probate process quickly.