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: Removal of 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...
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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 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 MoreCan a Texas Fiduciary Avoid Liability by Relying on Accountants and Attorneys?
In Texas, a trustee or other fiduciary may not be able to avoid liability for breach of his fiduciary duty by relying on other professionals like accountants and attorneys. In a case in Houston, children sued their father who...
Read MoreCan a Trust instrument relieve the Trustee of liability?
A Texas appeals court was asked that question when they had to interpret the following language in a Trust relating to the Trustees dealings with the Trust assets and the beneficiaries: “no principle or rule relating to...
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Is a breach of fiduciary duty a crime?
Texas has a criminal statute that makes it a felony offense to misapply fiduciary property. Many...
Read MoreLimitation period for removal of a trustee
The Texas Supreme Court ruled in June 2009 that there is no statute of limitations for removal of a trustee. A beneficiary filed suit to remove the trustee of a trust set up for the benefit of the beneficiary. The trustee,...
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