Independent Executor Owes No Fiduciary Duties To Unsecured Creditors
In Mohseni v. Hartman, the court of appeals determined that an independent executor does not owe a fiduciary duty of care to an unsecured creditor of the estate. No. 01-10-00078-CV, 2011 Tex. App. LEXIS 4412 (Tex. App.—Houston [1st Dist.] June 9, 2011, no pet.). The court held that the executor’s fiduciary duties run to the estate’s beneficiaries, and they arise from his or her status as trustee of the estate’s property.