Legal Question in Wills and Trusts in Texas
Malfeasance by executor?
My grandmother's executor (a nephew none of us ever knew of) has signed over the bulk of her estate that was deeded to his ex-sister-in-law. When my mother called him to ask why part of the estate was disbursed a week ago, but not the rest of it, his answer: he 'hasn't had time' to write checks to the other beneficiaries because 'he works'. Even though the accounting was approved by lawyers and a judge, he voiced his displeasure with the very things that were approved by the court, both before and after the fact. He also voiced displeasure that an item of no monetary value that was treasured by my grandmother was buried with her and not given to his cousin. It seems that he is bitter for some reason, even though he gets more than the sum of the checks he is reticent to write. If this is malfeasance, what can be done about it?
1 Answer from Attorneys
Re: Malfeasance by executor?
That isn't malfeasance. If the executor makes timely distribution in accordance with the terms of the will, then he has done his duty. If he fails to make distribution within a year, you can demand an accounting.
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