Practice question
Selling the estate's personalty would injure an operating business and the other Rule89 §2 conditions are met. The administrator seeks authority to mortgage only the necessary realty to pay estate obligations. Must all personalty first be sold regardless of that injury?
- Yes, no exception is possible.
- Yes, business injury is irrelevant.
- The administrator may mortgage without authority instead.
- No; §2 permits the qualified realty alternative with the required application, notice and court authorization.
- No; all estate debts are canceled.
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.
- https://lawphil.net/judjuris/juri2005/mar2005/gr_156403_2005.html — Pahamotang v PNB, GR156403, March31 2005, main decision (Rule89 notice).
Answer this question in flashcards to review your response and continue practicing.