May be made until the following priorities are provided for
- Priority payment of widows allowance and disabled daughters allowance(Lola and Leonie)
- PRIORITY PAYMENTS: Payment of estate debts : Overdue accumulated unpaid rentals to Lola on Ancestral home see previous computations with Rossi 24M.
- FQ CB Provident fund check deposited by IAA office. FQ GSIS CHECK deposited by IAA office .
- Exclusion of widow and disabled child on initial distribution against the law
- Extrajudicial settlements when not binding
Distribution of inheritance according to the Philippine Civil Code. If the deceased has a surviving spouse, half of the property will be inherited by the spouse and the rest of the half will be distributed equally among the children of the deceased and still, together with the spouse subsequent to payment of IAA ESTATE debts and
The Philippines is largely a civil law jurisdiction which follows the concept of legitimes or forced succession, reserving by law a fraction of the estate to certain compulsory heirs, thus limiting the ability of the testator to give away his properties in a will to anyone of his liking and deprive his heirs of their rightful share of his estate.
EXTRAJUDICIAL SETTLEMENTS
No extrajudicial settlement shall be binding upon any person who has not participated therein.The exclusion of a compulsory heir will be a ground for the declaration of nullity of the Extrajudicial Settlement of Estate. In the 2018 case of Amparo S. Cruz, et al. vs. Angelito S. Cruz, et al., G,R. No. 211153, February 28, 2018, the Supreme Court held in no uncertain terms that the exclusion of heirs in the extra-judicial settlement of an estate renders it a “total nullity” and not binding upon the excluded heirs.
Violations of the law on inheritance
- Extrajudicial settlement of some heirs without considering the laws on inheritance
ESTATE DEBTS SHOULD BE PAID FIRST
COURT. TO SETTLE if unpaid
And if within the same time of two (2) years, it shall appear that there are debts outstanding against the estate which have not been paid, or that an heir or other person has been unduly deprived of his lawful participation payable in money, the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of such debts or lawful participation and order how much and in what manner each distributee shall contribute in the payment thereof, and may issue execution, if circumstances require, against the bond provided in the preceding section or against the real estate belonging to the deceased, or both.
Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two (2) years after such distribution, notwithstanding any transfers of real estate.
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