Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

An intestate decedent D dies in Pasig City, survived by a sister S and a first cousin Cu; there is no surviving spouse or issue. Cu files a petition for letters of administration in the trial court and the court grants Cu’s petition over S’s timely objection. (a) State the controlling rule on who may petition for letters of administration in an intestate estate and the priority among applicants. (b) Apply the rule to the facts and determine whether the trial court erred in granting letters of administration to Cu; identify who should be appointed instead and the basis for appointment. (c) If the appointment to Cu is improper, outline the available remedy for S and the likely procedural path and practical outcomes.

Choose the Best Answer

The controlling rule provides that in an intestate estate, the surviving spouse and legitimate descendants have priority to petition for letters of administration; among collateral relatives, those with the nearest degree of kinship have priority; since S (sister) is closer in degree than Cu (cousin), Cu’s appointment is improper and S should be appointed (alone or together with other eligible relatives). The remedy for S is to move for reconsideration or to appeal the trial court’s order. A trial court’s appointment of Cu as administrator is dispositive and unappealable; the proper remedy would be to file a new petition for letters of administration with the proper applicant. If the order granting Cu letters has become final, S may seek a remand or reinstitution of administration through a collateral attack on the judgment; such steps are generally unavailable in ordinary petitions for letters of administration. Among collateral relatives, the oldest in age has priority to petition for letters of administration, so Cu’s appointment would be proper if Cu is older than S.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello