is a widower, and doesn't have any son or daughter. His parents already died. Only his brother and two married nieces from a sister who died earlier are alive in his family. But both are no longer in the Philippines. Will his money go to the government?
My answer is no, it will not go to the government yet because there are relatives within the 5th civil degree.
The law provides that
Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased
Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (947)
Art. 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes.
The order of heirs are descendants first, and if no descendants, then ascendant. If no ascendants and descendants, then brothers and sisters. At all time, if there is a surviving spouse, then he will be a concurring heir.
If no brother and sisters then the next degree of collateral blood relatives will inherit. If there are no blood relatives within the 5th civil degree, thats the only time that escheat proceeding in favor of the state.
In this case, the estate will be divided into two, one half for the brother and the other half to be divided by the two nieces in representation of their mother. Whether they are married or not is immaterial. Even their domiciliary or their citizenship will be immaterial.
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