Executor Misconduct In Probate

Summary

In Texas, an executor who lies, omits assets, or commits theft can face removal, legal penalties, or criminal charges. Gather evidence like police reports and file objections in probate court. Consider requesting a hearing to present your evidence.

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Tarrant County, Texas Probate. What if the Executor has lied in his answer his attorney filed. E.g. He claims he paid me in cash, half of stock assets which he did not do ?
If the executor has lied in their response, you should consider the following steps:
- Gather any evidence that disproves the executor's claims.
- File a formal objection or contest to the executor's accounting with the probate court.
- Request a hearing to present your evidence.
Would you like to connect with a local lawyer who can better assist you with your case?
No. Okay but what cold happen to him for lying ?
If the executor lied in their response, potential consequences include:
- Being removed as executor by the court.
- Facing legal penalties for perjury.
- Being held liable for any financial damages caused by their false statements.
Do you have any evidence to support your claim?
He claims he paid me in cash ?
To address the issue of the executor lying about paying you in cash, you should:
- Collect any evidence (bank statements, receipts, witness statements) that contradicts the claim.
- File a formal objection with the probate court.
- Request a hearing to present your evidence.
Have you gathered any documentation or witnesses to support your claim?
Is it possible for him to be arrested in probate court for omitted assets, theft of a vehicle asset from a heir and perjury ?
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In Texas, an executor can face serious consequences for lying, omitting assets, or committing theft, which could include:
- Removal as executor.
- Legal penalties for perjury.
- Potential criminal charges for theft.
Have you gathered any evidence to support your claims?
But could he be arrested ?
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In Texas, an executor can potentially be arrested for serious offenses such as theft, fraud, or embezzlement. However, this typically requires substantial evidence and a criminal investigation.
Do you have any documentation or witness statements to support your claims of omitted assets and theft?
I have two police reports. One showing the date it was stolen, and one showing it was found at the estate residence four years later. he conceled it in the garage.
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It sounds like you have a strong case, especially with the police reports as evidence. Here are some next steps you might consider:
- Submit the police reports to the probate court.
- File a formal objection to the executor's actions.
- Request a hearing to present this evidence.
Have you already submitted these police reports to the court?
yes
Case Rating: *
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