Legal Question in Wills and Trusts in Texas

Probate Code #245

After removal of Independent Administrator (surving spouse with a bond) for being incompetent of handling affairs and squandering the estate, a third party Administrator was assigned. The fees incurred were charged to the estate by attorny for surving spouse, attorney for deceased children heirs, and 3rd party Administrator. Doesn't Code #245 (removal of Administrator) and #168 (guilty of negligence)say that these expenses for removal & loss of assets shall be paid by the bond? Do the heirs (not surving spouse's children) have to file suit separetly for this or will the Court see this is paid from bond?

Also, if an illegal Affidavit of Heirship was signed in order to gain control of assets, will this become a part of probate or be handled by the DA of Texas only as a separate case?


Asked on 10/09/05, 7:38 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Probate Code #245

The successor administrator must bring the action to recover the attorney fees incurred in removing the prior executrix. Those are to be paid either by the prior executrix or the surety, rather than the estate.

As to the false affidavit, that should be discussed with the D.A. A suit could also be brought for the recover if ill-gotten assts, although resitution may be part of the penalty for filing a false government document.

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Answered on 10/10/05, 10:55 am


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