Loans, L.P. v. Estate of Bracher, 93 S.W.3d 469, 480-81 (Tex.App.-Houston [14th Dist.] 2002, no pet.). In FCLT, the court noted that no formal recognition of a fiduciary relationship between the executor and estate creditors exists, like the one between the executor and estate beneficiaries. Id. The executor holds the estate property in trust for the beneficiaries because they have a vested right in that property, but she does not hold it in trust for the creditors, whose claims against the estate are contingent. Id. at 480-81. The court observed that no provision in the Probate Code establishes that an independent executor holds the estate property in trust for those with claims against the estate. Id. But see Ertel v. O’Brien, 852 S.W.2d 17, 20-21 (Tex.App.-Waco 1993, writ denied) (<HOLDING>); Ex parte Buller, 834 S.W.2d 622, 626
holding that the bank trustee of a relevant plan was not a fiduciary in regard to real estate interests because it performed only administrative and ministerial functions holding that bank as coexecutor of estate breached its fiduciary and statutory duties to creditor when it failed to pay creditors claim against estate and instead paid claims of bank and other creditors holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate recognizing that the party can instead file a claim against the estate holding claimant waived right to jury trial on claims brought against it on behalf of bankruptcy estate when it submitted its proof of claim against the estate and subjected itself to the equitable powers of the bankruptcy court