Monday, November 23, 2009
Edward J. Patterson (partner, Fullbright & Jaworski L.L.P.) & Wesley L. Bowers (associate, Fullbright & Jaworski) have published their article Dealing With the Rogue Executor: A Page From the Fiduciary Litigation Playbook, The Advocate, Fall 2009, at 44.
The introduction to the article is below:
For most folks, the death of a family member is one of the most difficult situations they encounter. This difficult situation is made all the more painful when they are faced with an unfamiliar and seemingly daunting estate administration. Unfortunately, there are instances when this painful situation is exacerbated by the introduction of a recalcitrant and uncooperative executor who restricts the flow of information and controls the resources of the estate. This bad actor is often referred to as the "rogue executor." While the executor has been left with the proverbial keys to the kingdom, he or she does not always look out for the best interests of all beneficiaries of the estate. As most estates in Texas proceed under an independent administration, the rogue executor is allowed to operate with minimal supervision from the courts and from the beneficiaries. This article explores some of the methods and resources that are available to beneficiaries to deal with a rogue executor under Texas law.