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Computation of legitimes

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1 Computation of legitimes on Sun Feb 03, 2013 12:01 am


Prision Mayor
A commercial lot & bldg in name of both parents; mother died Jul 1997, father June 2010. Since mother's death, father did not liquidate the personal gains thru rent on mother's share to legal heirs rather he got all net income, unlike when mother was still alive, they equally divide the net gain or the rental payment. If I understand right what FC Art 176 says the net estate interstate be equally divided, 50% portion of mother divided by no. of legal heirs plus surviving spouse-father; then 50% of father portion + his survivor share from mother divided by legal heirs and illegitimate of father whose legitime share is fixed to 1/2 of a legitimate receives. The property is being sold as agreed on our deed of extrajudicial settlement, and was liquidated only upon the death of father. So you can imagine the cost of tax payments, etc. My question is: shouldn't the 50% of the net personal gains out of the rentals received by father from death of mother up to father's death be liabilities of father's 50% of the net estate intestate and be deducted first before the computation of the legitime share of each legitimate and illegitimate children be made? Isn't this deduction rightfully be given to the legitimates equally divided among them before computation of the legitime of each legitimate and illegitimates from father's portion be made? Father has illegitimate children. PLEASE HELP ATTORNEY...God bless.... Ladie

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