re: Will Executor paying property taxes claims he now owns property

quote:

---

I don't think there is any ethical sort of requirements for the executor,

---

Executors are fiduciaries and owe duties to the estate and the beneficiaries of the estate. Even if the property is not specifically listed in the will, if there is a residual clause (which I’ve never seen a will without one), then that governs. A residual clause is basically a provision that says everything I own not specifically divested to someone herein goes to x/y in equal shares. Wills have these because no one is going to inventory every fork, linen, etc in their will. Also, if for some reason the will didn’t cover this property it goes intestate. Meaning, the TX statutes set forth order of inheritance.

It doesn’t just go to the first person who paid property taxes.

If he didn’t pay taxes on behalf of the estate and acquired the land himself through a tax sale. See advice of those above. That’s not permanent usually and successor can pay the back taxes and get the property. Also that would be a clear breach of his fiduciary duties. He can be sued and removed and bad faith transactions undone. Duties include:

quote:

---

(a) The duty of fair dealing and utmost good faith. (b) The duty of complete candor. (c) The duty to refrain from all forms of self-dealing, which extends to dealings with a fiduciary's spouse, agents, employees, and other persons whose interests are closely identified with those of the fiduciary. (d) The duty of fair and honest dealing. (e) The duty of full disclosure of all important and/or material information concerning any self-dealing transaction. (f) The duty to place the best interest of the principal above the interest of the fiduciary, and not use the position of fiduciary to gain any form of benefit for the fiduciary at the expense of the principal.

---

LINK
Get a lawyer.