The Court has considered an appointment of a special administrator as an interlocutory or preliminary order to the main case for the grant of letters of administration in a testate or intestate proceeding.
Given this duty on the part of the special administrator, it would, therefore, be prudent and reasonable to appoint someone interested in preserving the estate for its eventual distribution to the heirs. Such choice would ensure that such person would not expose the estate to losses that would effectively diminish his or her share. While the court may use its discretion and depart from such reasoning, still, there is no logical reason to appoint a person who is a debtor of the estate and otherwise a stranger to the deceased. To do so would be tantamount to grave abuse of discretion (Diosdado S. Manungas Vs. Margarita Avila Loreto and Florencia Avila Parreño, G.R. No. 193161. August 22, 2011).
No comments:
Post a Comment