INVENTORY AND APPRAISALPROVISION FOR THE SUPPORT OF FAMILY

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

Section 2. Certain Articles Not To

Be Inventoried.

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

Article 3. Allowance To Widow and

Family.

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

lspu college of law// juris doctor// 3rd year

Question?

lspu college of law// juris doctor// 3rd year

End Of Presentation

THANK YOU