All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169 ▸ b. Rights of Legitimate Children - Family Code, Art. 174

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Review Question 2: Legitimate and Illegitimate Children - Family Code, Arts. 164-165 and 167-169, particularly on the topic of Rights of Legitimate Children - Family Code, Art. 174

Scenario:

Marvin and Maria got married in 2005 and had a child named Miguel. However, after a few years of marriage, they encountered irreconcilable differences and decided to separate. Maria took custody of Miguel and Marvin agreed to provide financial support for their child. Despite their separation, Marvin maintained a good relationship with Miguel, and they continued to have regular visitations.

Fast forward to the present, Marvin passed away unexpectedly, leaving a considerable estate behind. Maria filed a petition for the settlement of Marvin's estate, claiming that Miguel, being the legitimate child of Marvin, is entitled to a share in the inheritance. However, Marvin's siblings argued that Miguel should not be entitled to any inheritance because he was living separately from his father at the time of his death.

Based on the provisions of the Family Code, particularly on the rights of legitimate children, answer the following question:

Is Miguel entitled to a share in the inheritance of Marvin's estate? Explain your answer.

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