QUESTION

Is there a statute of limitations for an executor who is not fulfilling his duties?

Asked on Jun 21st, 2014 on Estate Planning - Texas
More details to this question:
It looks as if he hasn't for 12 - 13 years.
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1 ANSWER

This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.
Answered on Jun 23rd, 2014 at 11:06 AM

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