Dear PAO,
I have a close neighbor and friend; let’s just call him X. He is a 21-year-old orphan.

His single mom abandoned him when he was still an infant, and he grew up with his grandmother who is the mother of his own mom. His grandmother died last November 2011 leaving him the house where he currently lives.

I was informed recently that the niece of his grandmother ordered X to vacate the house, as his aunt will be taking over the property and settling her family. X, being young and respectful of his aunt, agreed to leave the house and rent a room near his school. Here are my questions:

1. Is X a compulsory heir of his grandmother considering that his grandmother died intestate?

2. Does X’s aunt have a right to evict him from the house of his grandmother?

3. Can X transfer the title of the property of his grandmother if he is considered a compulsory heir? What is the process of transfer of title in this case that his grandmother died intestate?
Thank you so much for providing any initial legal opinion for X and rest assured that I will pass on this valuable information to him.
Respectfully yours,
John

Dear John,
You did not state in your letter whether X’s mother is the only child of his grandmother.

Likewise, you did not state whether X’s mother is also dead. You also did not state whether X is a legitimate or an illegitimate child of his mother. These are very important in determining whether he is a compulsory heir of the estate of his grandmother. For the purpose of our discussion, we will assume that X is a legitimate child of his mother.

According to Art. 962 of the Civil Code, “the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. xxx” If X’s mother is already dead, then he is a compulsory heir of his grandmother by right of representation.

This means that X succeeds in place of his mother. If his mother is the only child, then he inherits his grandmother’s entire estate. If his mother is not an only child, then he inherits his mother’s share of the estate.

If X’s mother is not yet dead, then he cannot be a compulsory heir of his grandmother, except if his mother was disqualified or unworthy to inherit or was disinherited by his grandmother.

As to the first cousin of X’s mother (X’s aunt) strictly speaking, she appears to have no right to evict him from his grandmother’s home nor even claim that she has the right to inherit his grandmother’s property. Collateral relatives, such as nieces and nephews, like X’s aunt, do not inherit when there are descendants present to inherit the estate, as already stated in Art. 962 of our Civil Code. Only the grandmother’s children may evict X. Since X’s aunt is merely his grandmother’s niece, she has no right in law to evict X from his grandmother’s home.

As to your last question, if X is indeed a compulsory heir, he may do the following: If he is the sole heir, meaning the grandmother did not have other children and his mother is already dead, he can execute an Affidavit of Self-Adjudication of Estate stating that he is the only heir of his grandmother and he is transferring the title of the said property to his name. If he is not the sole heir, he can still execute an Extrajudicial Settlement of Estate but only if the other heirs agree to the execution of such document. If not, he must go to court and ask for a Judicial Settlement of his grand-mother’s estate.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.