In re Guardianship of Bayne, 171 S.W.3d 232 (Tex. App.—Dallas 2005, pet. denied).
After Ward’s death, the court ordered Guardian to transfer Ward’s
property to Independent Executor. Guardian complied. Later, however,
Guardian obtained an order from the trial court requiring Executor to
re-transfer some of Ward’s property to Guardian. The appellate court
held that the trial court had no authority to issue this order. The
court examined the Probate Code and was unable to locate a provision
which would permit the trial court to issue such an order. Accordingly,
the appellate court vacated the order.
Moral: Once the guardian of the estate of a deceased ward transfers
property to the personal representative of the ward’s estate, it is too
late for the guardian to regain control of this property.
The trial court ordered the independent executor to pay a specified
debt. The appellate court vacated the order because the creditor had not
followed the procedures specified in the Probate Code. The creditor
neither filed a claim with the executor nor filed suit against the
executor. The appellate court explained that the trial court’s order was
an “unwarranted intrusion into the independent administration of the
estate.” Bayne at 238.
Moral: Estate creditors should follow the procedures set forth in the
Probate Code to collect their debts.