Case: The illegitimate son of a deceased man is claiming inheritance from his father’s estate. The decedent left only a surviving spouse and this claimant. How do we divide the estate?
According to Public Attorneys Office Chief Acosta, the estate should be divided like this: Conjugal partnership of gains governs the marriage of the decedent with his surviving spouse since they were married without marriage before the passage of the Family Code. Thus, one-half of the property goes to the spouse representing her share in the conjugal partnership, while the other half becomes the estate which becomes the subject of partition and from it the share of the illegitimate son will be taken. Where the only heirs are the surviving spouse and an illegitimate child, the law gives one-fourth of the entire property or one-half of the estate shall go to the illegitimate son while the remaining goes to the spouse.
According to Public Attorneys Office Chief Acosta, the estate should be divided like this: Conjugal partnership of gains governs the marriage of the decedent with his surviving spouse since they were married without marriage before the passage of the Family Code. Thus, one-half of the property goes to the spouse representing her share in the conjugal partnership, while the other half becomes the estate which becomes the subject of partition and from it the share of the illegitimate son will be taken. Where the only heirs are the surviving spouse and an illegitimate child, the law gives one-fourth of the entire property or one-half of the estate shall go to the illegitimate son while the remaining goes to the spouse.
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