Tag Archive for 'texas testator'

In Texas, the testator (the person making a will) has the power to designate his or her executor to be an “independent executor”. Proper use of the term “independent” to describe the executor in the will means that the independent executor may, after the will has been admitted to probate and Letters Testamentary have been issued to the independent executor, take virtually all estate related action free of the need for any hearings or approval by a Probate Court.  Unfortunately, some executors take advantage of this far reaching freedom to abuse their power(s) as an executor (an executor is also a fiduciary).  The Texas Probate Code allows a court, after a hearing, to remove the person designated as the independent executor of the estate when any of the following grounds have been proved to the presiding judge:

Continue reading ‘Removal of the Independent Executor’