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Reservable Property. The Adopted Child

1) If the adopting parents died and the adopted child inherited from them, then the adopted child died, the biological parents can inherit the properties the adopted child inherited from the adopting parents. 2) This is because the effect of the adoption is only between the adopting parent and adopted child. The adopted child remains the heir of the biological parents. 3) The properties inherited by the adopted child from the adopting parents would not be considered reservable property that only goes to the blood relatives of the adopting parents. It remains with the adopted child's biological family.

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Nea Tan
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57 views1 page

Reservable Property. The Adopted Child

1) If the adopting parents died and the adopted child inherited from them, then the adopted child died, the biological parents can inherit the properties the adopted child inherited from the adopting parents. 2) This is because the effect of the adoption is only between the adopting parent and adopted child. The adopted child remains the heir of the biological parents. 3) The properties inherited by the adopted child from the adopting parents would not be considered reservable property that only goes to the blood relatives of the adopting parents. It remains with the adopted child's biological family.

Uploaded by

Nea Tan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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surviving spouse, one-third sa Although the biological parents will actually

illegitimate children. lose parental authority, however the


biological parents will remain testate or
Q: Paano kapag legitimate parent intestate heirs of the adopted child. So pwede
instead of adopting parent kase parin silang mag inherit.
present si legitimate parent, how
will you distribute the estate? CLARIFICATION:
Assuming that is your intestate - With respect to the collateral relatives,
succession or even testate, so which is limited only to the blood
magkano magiging share ni brother or sister.
biological or legitimate parent?
A: Kapag legitimate parent sabi natin Q: May right of representation pa
it should always be one-half. They tayo pagdating sa collateral relatives?
will actually replace the legitimate A: Yes. Same rule pagdating sa right of
children. representation in the collateral line. It
Pero pag adopting parent it is one- is only limited to the nephews and
third. One-third pag present yung nieces. →Meaning the child of the
tatlo: adopting parent, illegitimate blood brother or sister.
child and surviving spouse.
NOTE: Pagdating sa adoptive
Q1: What if the adopting parents died and brother, adoptive sister hindi sila
the adopted child inherited from the kasama sa heirs of the adopted child
adopting parent then the adopted child kase it is only personal, purely
died, can the biological parents inherit personal between the adopting
those properties inherited by the adopted parent and the adopted child. So ang
child from the adopting parent? pinaguusapan lang natin is yung estate
of the adopting parent.
Q: With respect to the properties of the
adopted child, so papasok ba ang Reserva - Hindi natin inaapply yung rule natin na
troncal? Maipapasok ba natin ang Iron Curtain Rule under your adoption.
Reserva troncal? Will the property So hindi natin pwedeng sabihin na with
become Reservable property? respect to the estate of the adoptive
A: No. Hindi na natin yan ico-consider as a sister, assuming pinaguusapan natin is
reservable property. The adopted child the estate of the sister under your
would remain to be the heir of biological adoption. Paano pag yung estate ni
parent, because the effect of the adoption is sister, doon sa adoptive sister niya. So
actually between the adopting parent and the sabi natin it is purely personal between
adopted child. the adopting parent and the adopted
child. The adopted child cannot
Thus, if the adopting parent died and the actually inherit from the estate of the
adopted child inherited from the adopting adoptive sister.
parent, the legitimate parents or biological
parents may inherit from the adopted child,
kase anak parin naman nila yan. STUDENT QUESTION: Kung ang
survivor is adopting parent tsaka si biological
parent, sabi niyo po the adopting parent shall

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