Questions People Ask Us
Contact Us
Use This Form, boxes with * are required - If you don't hear from us, use the "Contact Us" tab at the top. You've probably given us the wrong email address.Don't Forget the Search Box
Looking for specific topics and not seeing them? Use the search box at the very top to find what you are looking for.
Examples might be "community property" or "Divorce" or "Intestate."
Our Locations.
Robert A. Ray, Attorney at Law
If you feel that you have lost an inheritance or are going to lose an inheritance; need to remove a Trustee due to a mismanaged estate or due to unscrupulous relatives; or, if you are considering contesting a will, we would be happy to give you a free, confidential review of the merits of your case.
Please click on the "Contact Us" tab at the top of the page, where you can fill out a short questionnaire or call us at the phone numbers listed. Our principal office is in Tyler, Texas.
We handle contested probate cases throughout Texas.
Tell Us How to Improve
Who's Online
We have 10 guests online| Learn About a Trustee's Conflict of Interest |
|
In a recent case, two brothers owned a farm. Both had done extra work on the farm. One of the brothers died. The one that died had an ex-wife and two children. He left his property to his children. His will created a trust for them. He named his brother both as executor of the will and as the trustee of the trust. His brother was, therefore, a fiduciary under the will and under the trust. The wife asked the court to remove the brother as executor and as trustee. The trial court refused to remove him and the wife appealed. The court of appeals agreed with the wife and removed the brother. The court's reasoning was based on the fact that the shared ownership between the executor/trustee and the estate was a conflict of interest. The court must remove a fiduciary when there is a conflict of interest between the fiduciary and the beneficiary. Update: The Supreme Court of Texas reversed this case and ruled that, under the facts of this case, the executor could not be removed. If you think that a fiduciary has a conflict of interest, you shoule contact us to evaluate the case in light of this Supreme Court decision. |


A fiduciary can be removed if he has a conflict of interest with the beneficiary.