Estate Distribution Legal Action

If an independent executrix fails to distribute the estate according to the Will, you may have grounds for a legal action called a "breach of fiduciary duty." Here are some steps you may consider:
- File a petition in probate court.
- Request the court to compel the executrix to follow the Will.
- Seek removal of the executrix if necessary.
Where are you located? This will help in providing more specific legal information.

In Texas, the following steps can be taken if an independent executrix fails to distribute the estate according to the Will:
- File a petition in probate court.
- Request the court to compel the executrix to comply with the Will.
- Seek removal and replacement of the executrix if necessary.
Would you like more details on how to proceed with filing a petition?

In Texas, the cause of action for an independent executrix failing to distribute the estate according to the Will is typically "breach of fiduciary duty." This occurs when the executrix does not act in the best interests of the estate or follow the terms of the Will.
Would you like more details on how to proceed with filing a petition for breach of fiduciary duty?

Gross negligence involves a more severe degree of carelessness compared to ordinary negligence. In the context of an independent executrix failing to distribute an estate according to the Will, it might be challenging to prove gross negligence unless the executrix's actions were extremely reckless or intentional.
Would you like more information on proving gross negligence in this context?

****, it sounds like you're already taking significant steps. In your situation, you might also consider:
- Filing a motion to compel proper accounting of the estate.
- Requesting sanctions for failure to provide notice and missing assets.
- Consulting with a probate attorney for further guidance.
Would you like more details on filing these motions or need help with something specific?

In Texas, the primary cause of action for an independent executrix failing to distribute the estate according to the Will is indeed a "breach of fiduciary duty." Given the severity of the executrix's actions, you might also include claims of gross negligence if it can be proven that her actions were extremely reckless or intentional.
Would you like more detailed information on filing a motion to compel proper accounting of the estate or any other specific steps?

In Texas, the primary cause of action for an independent executrix failing to distribute the estate according to the Will is indeed "breach of fiduciary duty." Given the severity of the executrix's actions, you may also include claims of gross negligence.
Here are some steps you might consider:
*. File a Complaint for Additional Inventory: Ensure all estate assets are included.
*. Motion to Compel Proper Accounting: Request detailed accounts of estate transactions.
*. Request Sanctions: For failure to provide notice and missing assets.
Would you like more detailed information on any of these steps?

To get the assets and reappraisal done, you might consider the following steps:
- File a Motion for Additional Inventory and Appraisement: Request the court to order the executrix to provide a complete inventory and appraisal of the estate assets.
- Request an Independent Appraisal: If you suspect the initial appraisals are inaccurate, ask the court to appoint an independent appraiser.
Would you like more details on how to file these motions?

It looks like you're on the right track with your legal actions. Given the complexities involved in your situation, consulting with a probate attorney could provide further clarity and strengthen your case.
If you have any more questions or need additional information, feel free to ask!