Legal Advice
Spouse and child may inherit even if living separately from the deceased

Dear PAO,

I am a legitimate child. My parents were validly married, but my father worked as an overseas Filipino worker (OFW) to support our family, so he lived most of his life abroad. My mother and I were supposed to migrate and live with him, but the pandemic happened. Thus, the processing of our papers got delayed until he passed away recently. Can we inherit from him even if we have been living separately? My uncles are telling us that we don't have a right to inherit because we were not there to take care of him until his last breath. My mother wants to forgo, but she also wants to pursue to ensure that I have something to support my studies.

Peter05

Dear Peter05,

Pursuant to Article 174 of the Family Code of the Philippines, a legitimate child, such as yourself, has the following rights: