You should take immediate action if you are the beneficiary of a trust and believe that your executor has not fulfilled their legal obligations. 

A will is one of the core estate planning documents — it lets everyone know the last and final wishes of the decedent. Executors are responsible for ensuring that the wishes of the decedent's will are followed. The executor is in charge of taking care of the deceased person’s remaining financial and legal obligations. 

A properly drafted will generally leaves instructions on what the executor should do to settle the estate. Unfortunately, some executors do not follow the instructions given in the will.

Wills and Executors, a Legal Duty to Follow Directions

You should know that an executor of a will is considered a fiduciary. The Cornell Legal Information Institute explains that a fiduciary duty is the highest. You can also learn more about the ard of care in our legal system. Under Texas law, a will executor has the legal obligation to act in the estate’s beneficiaries' best interests and follow the directives contained within the will. Beneficiaries can sue them if they do not. 

Petition the Court

If you believe that the executor of your loved one’s will is, for whatever reason, not following the directives, you have the right to take legal action. You must file a petition with the Texas probate court if the will has already been filed. If the probate process has not yet begun, you can still petition the court for the administration of the estate. You have two options if an executor is not following a will. 

• Require the Executor to Act: Beneficiaries can petition the court to require the executor to take, or refrain from, a specific action. An executor who is slow to act and does not complete the estate would be a good example. Beneficiaries can sue them if there is no legitimate reason for the delay. A Texas court may force the executors to act and finalize the estate. 
• Remove the Executor: You may also be able to force the removal of an executor. Executors may be removed in Texas for several reasons. In general, the beneficiary filing for the removal of an executor from overseeing the will administration must prove that the person cannot, won't, or is unwilling to fulfill the most basic legal duties. This is a more drastic solution than trying to force someone into action. However, removing an executor may be appropriate in your case — particularly if you believe that the executor is committing fraud, misappropriating funds, or otherwise mismanaging the estate.     

What Our Texas Probate Litigation attorneys can do for you 

Our law firm can provide you with legal assistance if you need it. Our top-rated probate litigators at Webuyhouses Law Firm PLLC are effective and compassionate advocates for their clients. We have extensive experience handling the full range of probate issues in San Antonio. Our attorneys can: 

• Review your case in a thorough and confidential manner;
• Answer any questions you have about the proceedings
• Investigate how the executor of the will behaved;
• Take legal action to protect financial interests. 

Every case is different when it comes to claims against executors. There is no ‘one-size-fits-all’ answer. Sometimes, you may not need to go to court to get the executor to comply with the will's directives— a more efficient solution may be available. Other times, aggressive legal actions will be required to remove a will executor who is acting negligently or badly. Our lawyers will protect your interests and rights, regardless of the circumstances.