Diaz v. Elkin, 434 S.W.3d 260 (Tex. App.—Houston [1st Dist.] 2014, no pet.).

Estate Administration



Both the trial and appellate courts agreed that Texas courts lack jurisdiction over a personal representative who obtained that status under the law of another nation, especially when there is no estate property located in Texas.  In this case, estate beneficiaries claim that a co-executor appointed by the courts of Peru breached her fiduciary duties.  The court rejected the plaintiffs’ assertion that they were suing the co-executor in her individual capacity rather than as a fiduciary.  The court explained that the co-executor’s fiduciary duties arose only because the plaintiffs’ relationship with her as a co-executor rather than with her individually.


Moral:  Texas courts lack jurisdiction over a personal representative appointed by a foreign state or nation with regard to the representative’s fiduciary duties even if the fiduciary lives in Texas.