Legal Question in Wills and Trusts in Texas

Re: What constitutes ''mismanagement '' of an estate

The executor is responsible for gathering the assets of the estate, paying off the just claims against the estate, and then making distribution according to the terms of the will. Mismanagement is the screwing up of any of those duties.

You can be sued for breach of that duty, to the extent the estate has been damaged. Making distribution before paying off claims against the estate leaves the executor personally liable for paying the claims.