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Can an executor be cut out?

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Momma0979

Junior Member
What is the name of your state (only U.S. law)? Texas

My husbands grandmother passed away this past Aug. in the will she left everything to her grandson. (my husband).

There is a trust in the will. My husband is the trustee, he's also the executor.

DH called a lawyer because he thought the family had a wrongful death suit against the nursing home in which the grandmother lived. DH told the grandmothers kids and they all met the lawyer.

They do have a case but they cut DH out. Can they do that? He's the one who started it all.

Also wanted to add that DH was listed as a son in grandmothers will, she had full custody of him and raised him from the day he was born until she went in the nursing home 3 yrs. ago. He was also POV when she was living.

Edited to add: Grandmother had four kids not counting DH. She mention nothing of her other children in her will. DH was the only one she recognized.
 
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seniorjudge

Senior Member
What's POV?

Anyway, your post is confusing.

Why didn't your husband as personal representative go to a lawyer to get the lawsuit for wrongful death started?

How did they "cut out" your husband?

We need facts, details, information.
 

Momma0979

Junior Member
Sorry about the confusing part. I didn't mean POV I meant POA.

Dh called the lawyer to get the lawsuit started. But he was trying to be fair so he called all of grandmother's kids in so that they too could meet with the lawyer at the first meeting

They (the bio kids) said that DH had no part in the lawsuit even though he's the one who got it started by finding the lawyer, giving him info, and setting up the first appointment with the family. The kids don't want him involved.

The lawyer didn't put him on the lawsuit even though he was there with the other kids. The lawyer in turn said that because DH was not the biological child of grandmother that he could not be named in the lawsuit. The lawsuit is under the names of the 4 biological kids.
 

seniorjudge

Senior Member
Sorry about the confusing part. I didn't mean POV I meant POA.

Dh called the lawyer to get the lawsuit started. But he was trying to be fair so he called all of grandmother's kids in so that they too could meet with the lawyer at the first meeting

They (the bio kids) said that DH had no part in the lawsuit even though he's the one who got it started by finding the lawyer, giving him info, and setting up the first appointment with the family. The kids don't want him involved.

The lawyer didn't put him on the lawsuit even though he was there with the other kids. The lawyer in turn said that because DH was not the biological child of grandmother that he could not be named in the lawsuit. The lawsuit is under the names of the 4 biological kids.
I do not need you to repeat yourself.

I need you to tell my WHY all this happened.
 

Momma0979

Junior Member
Why what?

Why the lawsuit was brought up? Because grandmother died due to an irresponsible nursing staff, because she had bed sores that went almost to the muscle (she wasn't diabetic),she strangled to death on her own mucus because they put her bed down flat, because she fell and broke her femur bone. After the nursing staff carried her back to her room while she screamed they also made her lay in her bed 2 hrs before they sent her to x-ray and found out that it was in fact broken. And the list goes on..... but those are the biggies.


Why did they cut DH out? Because the only person named in the will was DH. He got the house, business, machinery, everything.

They dislike DH immensely. He wasn't a child of granmothers but he was thought of like that in every way. They HATE that.
 
The wrongful death action belongs to Grandma's heirs by statute and by law.

The children are asserting that they are the only heirs entitled to assert the claim, and that they can do so outside of the probate process (which they can - in Texas, the spouse, children and parents have standing to assert the claim themselves). Grandson, however, is the personal representative, and is also entitled to assert a claim on behalf of the legal hiers (that is, himself).

In other words, OP's DH needs a very good lawyer. Yesterday. He's going to have to intervene in the lawsuit.
 

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