Tuesday, April 19, 2016

ADVANCE DISTRIBUTION OF THE ESTATE:

       although it is within the discretion of the COURT whether or not to permit the advance distribution of the estate, its exercise of such discretion should be qualified by the following: [1] only part of the estate that is not affected by any pending controversy or appeal may be the subject of advance distribution (Section 2, Rule 109); and [2] the distributees must post a bond, fixed by the court, conditioned for the payment of outstanding obligations of the estate (second paragraph of Section 1, Rule 90). (Peña vs. LCN Construction Corp., [2008]).

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