Joey was the legitimate son of Ron and May. Joey died intestate and was survived by his wife Kathy and their two legitimate children, Luis and Clarisse. Several months after Joey died, Ron also died intestate. Ron was survived by his wife May, daughter Mercy (full-sibling of Joey), and the children of Joey (Luis and Clarisse). Distribute the estate of Ron. Explain briefly. (5 points)
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Ron's estate shall be divided into three equal parts among his widow May, daughter Mercy, and grandchildren Luis and Clarisse. Under Article 996 of the Civil Code, a surviving spouse inherits a share equal
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Quick check
Under Article 996 of the Civil Code, what share does a surviving spouse receive when concurring with legitimate children in intestate succession?
Article 996 provides that a surviving spouse receives a share equal to that of each legitimate child.
Under Article 982 of the Civil Code, how do grandchildren inherit from their grandparent when their parent predeceased the grandparent?
Article 982 establishes that grandchildren inherit by right of representation per stirpes from a grandparent.
In the distribution of Ron's estate, why is Joey's surviving widow Kathy excluded from inheriting any portion?
In-laws do not inherit by right of representation in the estate of a parent-in-law under Philippine civil law.
How is the one-third share of the predeceased son Joey divided between his two legitimate children, Luis and Clarisse?
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Why did Ron's widow May and daughter Mercy each receive one-third of Ron's total intestate estate?
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Learn more about these topics
1. Intestate Share Rules
Under Article 996 of the Civil Code, when a surviving spouse concurs with legitimate children in intestate succession, the surviving spouse is entitled to a share equal to that of each legitimate child. The estate is divided equally into as many shares as there are legitimate children plus the surviving spouse. The widow or widower inherits as a compulsory and intestate heir in the direct line alongside the decedent's children, receiving an equal portion of the net estate.
2. Right of Representation
Under Article 981 in relation to Article 982 of the Civil Code, representation is a right created by fiction of law, by virtue of which the representative is raised to the place and degree of the person represented. In the direct descending line, representation takes place ad infinitum. When legitimate children of a predeceased child concur with surviving legitimate children of the decedent, they inherit per stirpes, taking collectively the exact share that their predeceased parent would have inherited if living.
3. Excluded In-Law Rules
In intestate succession, the right of representation in the direct descending line extends exclusively to legitimate descendants of the predeceased legitimate child. Under Article 972 of the Civil Code, a surviving daughter-in-law or spouse of a predeceased child is not an heir in the direct line of the decedent parent-in-law. Consequently, the surviving spouse of a predeceased child inherits nothing from the estate of the parent-in-law, as representation benefits only the grandchildren.