Breach of Fiduciary Duty has a Four Year Statute of Limitations
Texas has a general four year statute of limitations period that may apply in a suit against an executor or administrator for breeching his duties.
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Category: Trustee
Oral Statements by the Testator about a Texas Will
When a person tells someone how he wants his property handled when he dies but he has a written...
Read MoreHow To Revoke A Trust In Texas
[mp_image id=”2600″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] How can you revoke a trust in...
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Can An Executor Sell Property To Himself
An executor or other fiduciary selling property to himself is a form of self-dealing which is prohibited unless specifically authorized by the instrument making him an executor.
Read MoreBreaching A Fiduciary Duty In Texas
[mp_image id=”2272″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] Power of Attorney A power of...
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Removal Of Executor In Texas
Removal of Executor or an administrator in Texas. Rights of beneficiaries of will to seek removal of an executor and what needs to be proven.
Read MoreArbitration Clauses In Wills
What is an arbitration clause The Supreme Court of Texas upheld an arbitration clause in a trust and the same reasoning may apply to wills although the court has not ruled on this question where a will was involved. Arbitration...
Read MoreExecutor Violates Duty because of a Mistake
Intentional or Negligence Acts This post concerns fiduciary duties in Texas. The case that is discussed deals with an Executor but could also apply to a trustee or any other fiduciary in Texas. A court of appeals ruled in 2014...
Read MoreElder Abuse Is Increasing
Elder abuse is increasing, often at the hands of those closest. In an article in the Arizona Daily Star by Patrick McNamara, which was published on their website, tucson.com, the paper reported that law enforcement is seeing an...
Read MoreCan An Executor Or Trustee Go To Jail?
Failure To Follow An Order As with most legal questions, it depends. When a judge orders someone to do something and that person doesn’t do it, the judge can hold him in contempt and put him in jail. Failure To Pay A Debt...
Read MoreDoes a “Request” in a Trust Mean You “Must?”
[mp_image id=”689″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] The Trust The Dallas Court of...
Read MoreA Man is Sentenced to Twenty-Five Years in Prison for Abusing a Power of Attorney.
The Austin Court of Appeals upheld a sentence of 25 years given to a man who abused a power of attorney. The man was the former grandson-in-law of the elderly lady who gave him the power of attorney. Using the power, he...
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