Balanay vs Martinez

First thing to do is determine the net conjugal share of the spouse ande decedent to set aside for
payment of the decedent’s obligation.

-Last will has to probated before it can pass the estate properties. Exc: The heirs agreed to that to have a
separate document.

-Legitime must not be prejucided and be in writing.

-No probate of the will of the grandfather

Not because there is pending petition for probate they could no longer file a serparate action for that
property.