Practice question
An estate was settled on the proper presumption, and the absentee later proves alive. The heirs claim he may recover nothing; he claims the rule returns every gross asset without accounting for paid debts. Which Section4 position is correct?
- He is entitled to the estate balance after payment of debts, recoverable by motion
- The heirs keep every balance automatically
- All paid lawful debts must always be ignored
- The estate must be paid twice
- Only the court’s original fees determine entitlement
Legal references
- Rule73 Sections2–4: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
- Civil Code Articles390–391: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Succession presumptions only.
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