The Allen Family and the Executor Who Stopped Returning Calls
Robert Webb was sixty-seven years old when he died of a heart attack at his home in Allen, Texas. He had worked for thirty years as a civil engineer, built a modest but comfortable estate — a paid-off house on Walnut Creek Drive, two retirement accounts, a brokerage account, and a collection of antique Winchester rifles he had been assembling since the 1980s — and had written a will leaving everything to his two adult children from his first marriage, Marcus and Diane, in equal shares. His second wife, Linda, whom he had married eight years before his death, was named executor.
At first, Marcus didn't worry. Linda had been part of the family for eight years. She knew the attorneys. She knew where the accounts were. She had helped Robert organize his papers. The funeral was in April. Marcus assumed things would move forward.
By July, he hadn't heard anything. He called Linda. She said she was "working on it." He called in August. Voicemail. He sent an email in September asking about the inventory — a document Texas law requires an executor to file within 90 days of qualifying. No response. Then, in October, a neighbor who lived two doors down on Walnut Creek Drive sent Marcus a text message with a photo attached. It showed Linda's SUV backed up to the garage, the rear hatch open, and four rifle cases being loaded in by two men Marcus didn't recognize.
The collection was worth somewhere between $40,000 and $60,000, depending on the piece. It was not listed in any communication Linda had sent to Marcus. As far as Marcus knew, it had not been appraised, had not appeared in any inventory, and was now leaving the property in the back of his stepmother's vehicle.
This is when Marcus called a probate litigation attorney.
What Texas Executors Are Actually Required to Do
Most beneficiaries understand, in a general way, that the executor is "in charge" of the estate. What far fewer understand is that the executor is not the owner — they are a fiduciary. They manage assets on behalf of the estate and its beneficiaries. That distinction is everything when something goes wrong.
A Texas executor has specific, time-bound obligations that are not optional. Within twenty days of the will being admitted to probate, the executor must qualify and take an oath. Within 90 days of qualifying, the executor must file a sworn inventory, appraisement, and list of claims — a formal accounting of every asset in the estate, with approximate values — with the probate court. This deadline is set by Texas Estates Code § 309.051. It is not a target. It is law.
Beyond the inventory, the executor must give notice to creditors, identify and collect estate property, pay valid debts in the correct priority order, and ultimately distribute what remains to the beneficiaries named in the will. An executor who is quiet, unresponsive, or evasive about these steps is not simply being slow — they may be failing to perform the duties Texas law assigned to them, which creates a very different legal situation. Our overview of executor duties in Texas, step by step, covers the full timeline in detail.
Linda had qualified as executor in late April. By October — six months later — she had not filed an inventory. She had not communicated with the beneficiaries about the status of any estate asset. And she appeared to be moving estate property without court approval, without an appraisal, and without any notice to the people that property belonged to.
What "Removal for Cause" Actually Means in Texas
Texas courts do not remove executors lightly. Probate administration can be complicated, and courts extend some latitude to fiduciaries who make honest mistakes while trying to do the job in good faith. The mere fact that beneficiaries are frustrated, or that things are taking longer than expected, is not enough.
But the Texas Estates Code establishes specific grounds for removal that courts take seriously. Under Tex. Est. Code § 361.051, a personal representative may be removed for cause when they have:
- Misapplied or embezzled any property entrusted to their care;
- Failed to file a required inventory, appraisement, or account;
- Engaged in gross misconduct or gross mismanagement; or
- Become incapacitated.
For independent executors specifically — the most common type in Texas — § 404.003 adds that an independent executor may be removed by the court if the independent administration is no longer in the best interests of the estate or the creditors.
In Marcus's case, the facts mapped onto multiple grounds. The failure to file an inventory after six months was a textbook violation of § 309.051 and, by extension, a "failure to file a required account" under § 361.051. The removal of rifle cases from estate property — before any appraisal, inventory, or court approval — was potential misapplication or embezzlement of estate property. These are not soft arguments. They are the specific statutory categories that Texas courts apply.
What would not work: Marcus simply disliking Linda, or believing she had never liked him, or being unhappy with how she communicated. "I don't trust her" is not grounds for removal. Specific, provable conduct that meets one of the statutory categories is what the petition must rest on. This is why the neighbor's photograph — timestamped, taken from the street, showing Linda's own vehicle — mattered so much. It was evidence of conduct, not just a feeling.
Demanding an Accounting: The First Move (and When Not to Wait for It)
Texas law gives beneficiaries another tool before or alongside a removal petition: the right to demand a formal accounting. Under Tex. Est. Code § 404.001, a beneficiary may demand an accounting from an independent executor after 15 months have passed since the executor qualified. If the executor refuses or provides an inadequate accounting, that refusal itself can support further court action.
But the 15-month window is not always the right timeline to wait for. If estate assets are actively disappearing — being removed, sold, or transferred without authorization — a removal petition can be the appropriate first step, because the court has the power to protect the estate while the removal action proceeds. You do not have to wait for the full accounting cycle if the facts on the ground suggest that waiting will leave you with an empty estate to account for.
In practice, the decision between an accounting demand and a removal petition depends on the severity and urgency of the misconduct. An executor who is slow and uncommunicative may respond to a formal accounting demand. An executor who is removing estate property may not — and by the time a 15-month accounting cycle completes, the property may be gone. A probate litigation attorney can assess which approach fits the facts.
Who Has Standing to Petition for Removal
Not everyone who is upset about how an estate is being run can file a removal petition. Texas requires that the petitioner be an "interested person" as defined by Tex. Est. Code § 22.018 — typically an heir, a devisee under a prior will, a spouse, a creditor, or any person who has a property right in or a claim against the estate being administered.
Marcus and Diane were beneficiaries named in their father's will. They were also heirs under the Texas intestacy statute. They were unambiguously interested persons with clear standing to petition. This is the typical situation for adult children of a deceased parent — but standing questions can get complicated in blended families, step-relationships, and cases where a prior will named different beneficiaries. One of the first steps in evaluating any removal case is confirming that the petitioner has standing. A petition filed by someone without it goes nowhere, regardless of how serious the underlying conduct was.
Questions about probate? A WG Law attorney can walk you through your options.
What Happens When You File a Removal Petition
A removal petition is filed with the probate court that has jurisdiction over the estate — in Allen's case, the Collin County Court at Law handling probate matters. The court holds a hearing, takes evidence, and determines whether the statutory grounds for removal are met. The executor has the right to respond and defend.
The court also has the power to act before the removal hearing is final. Where facts justify it, the court can take steps to safeguard estate property while the dispute is pending — preventing a problem fiduciary from continuing to dissipate, sell, or transfer assets while the removal question is being resolved. This interim protection is often as important as the removal itself, because a fiduciary who knows a petition is coming has every incentive to act quickly. The court can appoint a temporary administrator to take custody of estate assets during the proceeding.
If removal is granted, the court appoints a successor personal representative — typically an independent administrator — who steps in and completes the administration correctly. The removed executor does not simply get to walk away. The court can require an accounting of everything that happened during the removed executor's tenure, and if assets were misapplied, the court can enter a surcharge against the former executor to make the estate whole. Our overview of breach of fiduciary duty in Texas probate litigation explains the surcharge remedy in more detail.
The Warning Signs That a Removal Petition May Be Necessary
Most estates never require litigation. A capable, honest executor — even one who makes minor mistakes along the way — rarely triggers the kind of conduct that meets the statutory removal grounds. But there are patterns that experienced probate attorneys recognize as early indicators of a problem that is unlikely to resolve itself:
- The inventory hasn't been filed after 90 days. This is the clearest statutory red flag. The deadline exists for a reason — it forces accountability from the start.
- The executor won't communicate with beneficiaries. Silence is not a neutral signal. An executor with nothing to hide has no reason to stop returning calls.
- Estate property is moving without explanation. Furniture being removed, accounts being accessed, business assets being sold — any movement of estate property that the beneficiaries don't know about is worth investigating immediately.
- The executor is paying themselves without court approval. Executor fees in Texas are governed by statute. An executor who is drawing money from the estate account before those fees are approved has potentially misapplied estate funds.
- There is a conflict of interest you didn't know about. A stepparent who inherits under the will and is also serving as executor has competing interests — theirs as a beneficiary and the estate's. That doesn't automatically make them a bad executor, but it is a structure that warrants attention.
None of these factors, standing alone, is necessarily grounds for removal. But a pattern of two or three of them — especially when combined with refused communication — is often the factual foundation that a removal petition rests on. Our guide on how independent administration works in Texas probate explains the executor's role in more detail, including what beneficiaries are entitled to know throughout the process.
What Happened to Marcus Webb
Marcus retained WG Law's probate litigation team. Therese Gutierrez and Stephan D. Hwang filed a removal petition with the Collin County probate court, citing the failure to file the required inventory after more than six months and the documented removal of estate property — the rifle cases — without authorization, appraisal, or notice to the beneficiaries.
The court granted interim protection of the estate's remaining assets during the proceeding. An accounting was ordered. The rifles were ultimately located, appraised, and returned to the estate's inventory. Linda was removed as executor. An independent administrator was appointed to complete the administration and distribute the estate's assets to Marcus and Diane in accordance with their father's will.
The process was not fast. But it worked. The key was acting before more assets disappeared — not waiting for the 15-month accounting window to close, and not accepting "I'm working on it" as an answer when the statutory deadline had been missed for six months.
For an overview of what the broader probate process looks like in Texas — and what beneficiaries can expect at each stage — see our guide on how long probate takes in Texas.
Speak With a Probate Litigation Attorney in North Texas
If you are a beneficiary watching an estate go wrong — an executor who is silent, missing deadlines, or moving property without explanation — you have legal options, and those options are most effective when you move early. WG Law's probate litigation team serves clients across Collin County, Tarrant County, and the greater DFW metroplex from offices in McKinney (7701 Eldorado Pkwy, Suite 200) and Southlake (1560 E Southlake Blvd, Suite 100, Office 116).
Therese Gutierrez, who holds an LL.M. from Texas A&M University School of Law and serves clients in English, Filipino, and Tagalog, brings deep probate experience to contested estate disputes. Stephan D. Hwang, a litigator since 2007 who has argued before the Fifth District Court of Appeals in Dallas and is admitted to the federal bar for the Northern and Eastern Districts of Texas, provides the courtroom depth these cases often require. The team offers a free probate case review for beneficiaries concerned about estate misconduct — a straightforward intake to assess the facts and identify the options.
Call 214-250-4407 or contact WG Law to request your free probate case review. You can also learn more about our approach to executor removal in Texas and our broader probate litigation practice.
For further reading, see our guides on what Texas executors are required to do and why a will alone does not avoid probate in Texas.
This article is for general informational purposes only and does not constitute legal advice. Texas probate laws are fact-specific and subject to change. The scenario described is illustrative only. Nothing in this article creates an attorney-client relationship. Consult a licensed Texas probate attorney for guidance specific to your situation.