can an administrator of an estate be a beneficiary

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  • Can a beneficiary remove/replace an executor or administrator of a will?

  • Can a beneficiary remove/replace an executor or administrator? If you are a beneficiary, you are entitled to apply to the Court to seek the removal/replacement of an executor or administrator. However, whether you succeed in this application is another matter entirely.

  • When is an administrator required to be appointed for an estate?

  • The following are examples of when an Administrator may be required to be appointed for an estate: If a person died without a Will, it is called dying intestate. Letters of administration will be required to appoint an Administrator who is entitled to administer the estate in accordance with laws of intestacy.

  • Can a beneficiary sue the executor of an estate?

  • An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job, breaching their fiduciary duties or causing financial harm to the estate.

  • Can an estate beneficiary challenge the accountings of an executor?

  • If errors or red flags are discovered upon inspection, estate beneficiaries are entitled to challenge the accountings in court. Suppose it comes to light that an executor or administrator caused financial harm to the estate, estate beneficiaries are entitled to not only petition to have the executor or administrator removed but surcharged as well.

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