Q.Hello Attorney. There are six of us to inherit our parents real estate properties.
However, one sister predeceased our parents at age 29, with four children. From our parents and siblings accounts, our sister died because of neglect and abuse by her husband.
He did not contribute financially even when jobs were offered he refused to work. When the kids and my sister were sick , he dropped them off to my parents house to be taken cared off. Would it be unfair to have him inherit in the settlement of our parents estate Thank you. MN
ANS: Hello MN, on the basis of the appreciation of the facts of your narrative, this corner holds the view that the surviving spouse of your sister who predeceased your parents is not entitled to inherit from the estate of your parents.
Surviving spouse is only entitled to inherit from the estate left by the deceased spouse. However, in the instant case, the subject matter of your concerns is the estate of your deceased mother and not the estate of your sister who predeceased your mother.
If at all, it is only the children of your sister by right of representation, who predeceased your mother , are entitled to the share the legitime of your sister on a per stirpes basis( meaning to the extent of her share/legitimes) from the estate of deceased your parents.
Under Arts.970 & 971 of the Civil Code of the Philippines as amended, the representatives by fiction of law does not succeed the person represented but the one whom the person represented would have succeeded or inherited .
As such the grandchildren can still inherit from their grandmother despite of the fact that your sister predeceased her mother or the grandmother of the said children.
Note further that the right of representation takes place only in the direct descending line(parents to children) , but never in ascending line.(Art.972,Ibid) and in collateral line, it takes only in favor of the children of brothers or sisters of the deceased. Hence under this provision is the surviving being not mentioned is as represented is thereby excluded.
The above submission is the jest of the ruling of the Supreme Court in the case of Isabel dela Puerta v. The Honorable Court of Appeals and Carmelita de la Puerta (G.R. No. 77867, February 6, 1990).
Looking forward you’ll find the above in order as the “Batas Pinoy Global Community”(BPGC), welcomes you in this program.
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