Executor Removed for Mismanagement
An independent executor cannot breach his fiduciary duties to the estate beneficiaries by self-dealing, mismanaging estate property, and failing to disclose potential conflicts of interest. The court of appeals in Waco recently found that it was proper to remove an executor of his mother’s estate (the oldest son of the deceased), and to substitute in the secondary executor named in the will (a younger son of the deceased) due to breaches of fiduciary duty on the part of the first executor.