Ali Akbar Mohseni v. Gaye L. Hartman

OPINION

JANE BLAND, Justice.

In this probate dispute, an unsecured estate creditor appeals the trial court’s summary judgment in favor of the estate’s independent executrix. The creditor sued the executrix, individually, for breach of fiduciary duty, for various negligence and fraud claims, and for conversion. On appeal, the creditor contends that the trial court erred in granting summary judgment on his negligence, gross negligence and negligence per se claims. Specifically, he maintains that the trial court erred in ruling that the independent executrix owed no legal duty to an unsecured…