Opposing Someone Trying to Become an Executor

Is The Executor The Right Person For The Job? 

When someone passes away, one of the first major steps in the probate process is the appointment of an executor, the person who will manage the estate. In many cases, the executor is named in the will and appointed without dispute.  

However, situations do arise where it may be necessary to oppose the person who is seeking to become the estate’s executor. If this happens, an experienced probate lawyer from Ford + Bergner, LLP can help. 

If you believe that a person who is trying to become an executor is not equipped to adequately manage the estate, you could have legal grounds for a lawsuit to fight back against them being appointed.  

Contact us online or call 713-260-3926 to discuss your options and protect your loved one’s estate. We serve clients throughout Houston, Dallas, and Austin. 

Who Can Legally Serve as an Executor in Texas? 

Under Section 304.003 of the Texas Estates Code, a person must meet certain legal qualifications to be appointed as an executor. The court will assess whether the proposed executor meets these eligibility requirements and is not otherwise disqualified from serving in this capacity under state law. 

To be qualified to serve as an executor to an estate in Texas, a person must: 

• Be of legal age (at least 18 years old) 

• Be of sound mind 

• Agree to serve and take an oath to uphold their fiduciary duty 

• Not having any grounds for disqualification under Texas Estates Code §304.003 

Grounds for Disqualifying a Potential Executor  

Under Texas law, certain legal and practical concerns can prevent an individual from serving as an executor of an estate. Common factors that could disqualify an executor include: 

• Having a felony conviction 

• Being declared mentally incapable or cognitively impaired by the court 

• Demonstrating a notable conflict of interest that would compromise their fiduciary duty 

• Lacking legal U.S. citizenship or residency in Texas (in some cases) 

Under Texas probate law, parties concerned may object when a person who raises any of these red flags is looking to be appointed as an executor. They have the right to defend the interests of the estate, pushing to ensure that everything is managed and distributed according to the deceased’s stated wishes and in compliance with the law. 

Signs an Executor May Mismanage the Estate  

If you are a beneficiary who is worried that the potential executor will not act in the interests of the estate, it’s crucial to act fast so that you can ensure your inheritance rights are safeguarded. Any concerns about past behaviors, transparency, or fairness–not just personal conflicts–are justifiable reasons to challenge the appointment of an executor. 

Other reasons you might want to oppose an executor if they: 

• Refuse to communicate with beneficiaries. 

• Have not proven to be trustworthy. 

• Have a clear track record of poor financial decisions. 

Opposing an executor before their appointment is generally easier than removing them afterward. 

What the Legal Process Involves  

A formal objection must first be filed with the probate court to oppose the appointment of someone. This includes bringing forward evidence that backs the claim and presenting legal arguments that show how the proposed executor is unsuitable for the job. Depending on the case, there may be testimony or hearings involved. 

The skilled legal team at Ford + Bergner, LLP supports clients with the following: 

• Filing an objection in probate court 

• Collecting and bringing forward robust supporting evidence 

• Calling into question the qualifications of the proposed executor 

• Pushing to get a more neutral or reliable alternative 

As each probate case comes with its own unique details, it’s crucial to plan strategically to successfully challenge a problematic executor. 

Timing Matters in Executor Disputes  

In executor disputes, timing is key. Individuals who fail to file an objection early on in that process could see the court going forward with the appointment. This can make it significantly harder to address any problems later. Therefore, it’s crucial to work with a skilled lawyer as soon as concerns arise about the appointment. 

Contested proceedings can also arise in some situations. This involves cases where multiple people are trying to get appointed as executors. If you are facing this kind of conflict, an attorney from Ford + Bergner, LLP can help you work through the process with legal support. 

Real-World Examples of Executor Conflicts  

There are numerous instances in which executor disputes can arise. It’s important to work with experienced lawyers who have seen many different types of cases and can leverage their existing knowledge.  

At Ford + Bergner, LLP, common executor dispute scenarios include: 

• The person who has been named as the estate’s executor in the will has a criminal record. 

• An estate involving multiple beneficiaries has an heir who believes the other will be favored unfairly over them. 

• A child of the deceased wants to be appointed but has a demonstrated history of misconduct or estrangement. 

• Someone who has not been named in the will is pursuing the position of executor without having support from the family. 

As each case has certain legal considerations and facts to deeply consider, a probate litigator from our firm genuinely takes the time to understand your case details to provide tailored, skilled legal representation. 

Working Toward a Fair Outcome  

When an individual seeks to oppose an executor, they are not trying to create unnecessary conflict or drama. Instead, they are trying to ensure that their loved one’s hard-earned estate is managed by a person who can carry out their fiduciary duties with neutrality, reliability, and transparency. 

How Ford + Bergner, LLP Can Help  

The compassionate and experienced team of probate attorneys at Ford + Bergner, LLP has years of combined experience successfully helping clients across Texas navigate complex estate disputes with high stakes. We help people who are looking to oppose an executor or need to respond to an objection that has been raised by another party. 

We assist clients by providing: 

• Deep knowledge of Texas state probate law. 

• Fierce, focused representation in the probate courts. 

• Intricate legal tactics to work towards an optimal case outcome. 

Our firm is proud to boast that we approach each case with strong attention to legal details, proactive communication methods, and the highest standards of professionalism. We are dedicated to making sure that your estate is properly administered and that beneficiaries receive fair treatment. 

Don’t Wait to Take Action—Contact Ford + Bergner LLP Today!  

If you are thinking about opposing an individual who wants to become an executor of your loved one’s estate, give us a call at 713-260-3926 to schedule a consultation. During this time, we can thoroughly go over your case details and help you understand your legal options moving forward. 

As an executor dispute can have lifelong emotional and financial consequences, so it’s important to act fast. Contact us today so that we can ensure your rights are protected and that the integrity of your loved one’s estate is safeguarded.