Rule 83 spec pro cualawb
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Transcript of Rule 83 spec pro cualawb
lspu college of law// juris doctor// 3rd year
Section 1. Inventory And Appraisal To Be Returned Within Three
Months.
lspu college of law// juris doctor// 3rd year
As expressly provide that after three (3) months after his appointment an executor or administrator must return to the court a true inventory and appraisal of all the real and personal estate of the deceased which come into his possession or knowledge.
lspu college of law// juris doctor// 3rd year
The administrator or executor is not chargeable with the administration of estate which has not come into his possession
lspu college of law// juris doctor// 3rd year
The delay in filing of inventory if not satisfactorily explained by the administrator may be a ground for removal of appointment.
Three month period in rule is not mandatory.
lspu college of law// juris doctor// 3rd year
The wearing apparel of the surviving husband or wife and minor children including conjugal bed, bedding and such provisions and other articles as will necessarily consumed for the subsistence of the family of the deceased shall not be included in the inventory.
lspu college of law// juris doctor// 3rd year
Property claimed by a third person may be included in the inventory as part of the assets of the estate and the probate court may order such inclusion, but such order is only prima facie determination and does not preclude the claimants from maintaining an ordinary civil action for the determination of title.
lspu college of law// juris doctor// 3rd year
During the settlement of the estate of the deceased, the widow and minor or incapacitated children of the deceased, shall receive therefrom under the direction of the court, such allowance as are provided by law
lspu college of law// juris doctor// 3rd year
If the cash in the possession of the administatrix is sufficient for the monthly allowance being paid to the heirs the court may not order the sale of property of the deceased.
lspu college of law// juris doctor// 3rd year
The support should not be limited to the minor or incapacitated children as provided in Article 133 of the Family Code that regardless of their age, civil status or gainful employment are entitled to provisional support from the funds of the estate.
lspu college of law// juris doctor// 3rd year
Grandchildren is not included in the provision for the support of the deceased.
lspu college of law// juris doctor// 3rd year
Case for discussion
Hiers of Jose Sy Bang et al.
versusRolando Sy, Rosalino Sy
et al
G.R. No. 114217, October 13, 2009
lspu college of law// juris doctor// 3rd year
Sy Bang
Ba Nga Rosita Sy
Rolando, Rosalino, Lucio,
Enrique, Rosauro,
Bartolome, Julieta, Lourdes,
Florecita
OscarSy
Julian Sy Bang
Jose Sy- Iluminada
Tan
Zenaida - Emma