Practice question
The debts and expenses have not yet all been paid. A distributee offers the bond in a sum fixed by the estate court, conditioned on paying the specified obligations within the court-directed time. Counsel argues that Rule90 absolutely forbids any distribution before actual payment, with no exception. Which is correct?
- The Rule expressly recognizes the stated bond exception, subject to court assessment and compliance.
- There is no bond exception anywhere in the Rule.
- The bond automatically cancels the obligations.
- Any token bond chosen privately by an heir suffices.
- The administrator becomes personally entitled to all bonded property.
Legal references
- https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rules88–91 and adult-guardianship Rules92–97, subject to later law and AM03-02-05-SC for minors.
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