The Fourth Court of Appeals of Texas has affirmed a trial court's decision to remove an executor from his duties and allow the beneficiaries to recover attorney fees for the cost of his removal. In In re Estate Of Vrana, the beneficiaries of an estate sought removal of the executor arguing that the executor had underrepresented the value of the estate. Once the executor was removed, the beneficiaries sought reimbursement of their attorneys' fees and costs.
The court held that Texas Probate Code Section 245 does not limit recovery of attorney fees just to estates.
See In re Estate of Vrana, 335 S.W.3d 322 (Tex. App.--San Antonio 2010).
HAT TIP: Wills, Estates and Trusts Prof Blog
Posted by Brian Spring, Associate Editor, Wealth Strategies Journal.
The court held that Texas Probate Code Section 245 does not limit recovery of attorney fees just to estates.
See In re Estate of Vrana, 335 S.W.3d 322 (Tex. App.--San Antonio 2010).
HAT TIP: Wills, Estates and Trusts Prof Blog
Posted by Brian Spring, Associate Editor, Wealth Strategies Journal.
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