Term
| Intestate rules apply when |
|
Definition
| Die without a will, without a valid will, with a partly valid will, with a will disposing of part of property, with a will left to a particular person but person unable to take and no universal legatee named. |
|
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Term
| Separate Property vs Community Property |
|
Definition
| Separate is own, community is owned in community (marriage usually) |
|
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Term
| Hierarchy of heirs for separate property |
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Definition
| Descendants, Parents/Siblings, Parents, Siblings, Remote Ascendants, Remote Collaterals |
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Term
|
Definition
|
|
Term
| Closest _________ inherits |
|
Definition
|
|
Term
| Hierarchy of heirs for community property |
|
Definition
| Descendants, Surviving Spouse in default |
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Term
| When descendants inherit community property... |
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Definition
| Surviving spouse gets usufruct over that community property until death/remarriage. Descendants get naked ownership. |
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Term
| Decedent can by testament alter the SS's usufruct over community property... |
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Definition
| Beyond remarriage, over separate property, give right to consume non-consumables |
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Term
|
Definition
| One's own right (nearest relation in priming class), representation (taking place of higher rank who predeceased), transmission (succeeding to rights/obligations of heir who died after decedent but didn't renounce) |
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Term
| Legitimate children are... |
|
Definition
| Born in wedlock or legitimated via notarial act or subsequent marriage of parents |
|
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Term
| Parent can acknowledge child through... |
|
Definition
| Notarial act, registry in birth/baptismal records |
|
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Term
| Action of filiation can be brought on behalf of child... |
|
Definition
| Within 19 years of child's birth OR one year after parent's death, whichever comes first |
|
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Term
| Child cannot inherit if not... |
|
Definition
| Legitimate, legitimated, formally acknowledged, timely filiated |
|
|
Term
| Parent who is informally acknowledged a child by treating as own can... |
|
Definition
|
|
Term
| Absent person is one who... |
|
Definition
| Has no representative in the state and whose whereabouts are not known and cannot be ascertained with diligent effort |
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Term
|
Definition
| At moment of decedent's death |
|
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Term
| In order to succeed, the person must... |
|
Definition
| Exist at time of decedent's death |
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Term
|
Definition
| Constructive right of possession, bestowed upon successor, granting that successor the legal personality of decedent. Often mistaken for ownership. |
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Term
| Heir can be declared unworthy if... |
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Definition
| Convicted of a crime involving the intentional/attempted killing of the decedent or judicially determined to have participated in the intentional and unjustified killing of decedent |
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Term
| Action to declare the heir unworthy is brought in a succession proceeding by... |
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Definition
| Person who would succeed in place or in concurrence with person declared unworthy OR by one who claimed through the alleged unworthy |
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Term
| Action to declare heir unworthy can be defeated by... |
|
Definition
| Successor being able to prove reconciliation or forgiveness by decedent |
|
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Term
| A successor can _______ accept or renounce right to succeed |
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Definition
|
|
Term
| Minors are deemed to accept... |
|
Definition
|
|
Term
| Successor in order to accept/renounce must... |
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Definition
| Do so after the death of the decedent, and do so with knowledge of the death and realize he has rights to succeed |
|
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Term
| The types of acceptance are... |
|
Definition
| Formal (manifested in express writing or assumption of rights in judicial proceeding) AND informal (implied intention to accept) |
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Term
| True/False, does acceptance make the successor fully liable for acts/omissions of decedent? |
|
Definition
| False. Limited to extend they would receive. As such, acceptance is presumed without specific renunciation. |
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Term
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Definition
|
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Term
| In intestate succession, rights renounced by successor accrete to those.. |
|
Definition
| Who would have taken if successor predeceased the decedent. |
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Term
|
Definition
| Supposed or real return to the mass of succession of things given to successor as an advance of his share. |
|
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Term
| Presumption of collation are... |
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Definition
| Ancestor intended equality among children AND any favoring of one child over another was merely temporary and would be remedies at death of ancestor |
|
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Term
| Collation applies generally to... |
|
Definition
| Gifts given within the last three years of donor's death. |
|
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Term
| Testate is via ______, intestate is via ________ |
|
Definition
|
|
Term
|
Definition
| Property, rights, and obligations that person leaves after death |
|
|
Term
| The two kinds of successors are... |
|
Definition
| Legatees, who are testate successors AND intestate successors, called heirs. |
|
|
Term
| The propinquity of consanguinity refers to... |
|
Definition
| Nearness of blood relationship |
|
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Term
| Intestate heirs are divided into seven classes |
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Definition
| Descendants, parents/siblings (descendants of siblings, parents without siblings, siblings without parents, surviving spouse, more remote ascendants, more remote collaterals. |
|
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Term
| Direct line is a relationship composed of... |
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Definition
| People descending from one another. Degree is equal to number of generations between heir and deceased. |
|
|
Term
| Collateral line is composed of... |
|
Definition
| Person who descend from a common ancestor, but not from each other. Degrees are counted by going up to common ancestor from heir then down to decedent. |
|
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Term
|
Definition
| In own right, by representation, by transmission. |
|
|
Term
|
Definition
| Is the putting of representative in the place of a deceased ascendant who predeceased the decedent. This prevents the cutting off of a branch due to predeceased the decedent. |
|
|
Term
| Representation takes place in the direct line and collateral line of descendants, true or false? |
|
Definition
|
|
Term
| Representation is ___ ___________ in the direct line of descendants. |
|
Definition
|
|
Term
| Representation in the collateral line is allowed in favor of children and descendants of... |
|
Definition
| Brothers and sisters of the decedent. Descendants of predeceased siblings, no representation in more remote collateral lines. |
|
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Term
| True/False, representation of ascendants is possible. |
|
Definition
| False. It is descendants only. |
|
|
Term
| Representation applies only to... |
|
Definition
| Intestate successions. However, accretion is still possible for testate. Descendant by root of a predeceased legatee who is a child or sibling of decedent or descendant of child/sibling of decedent can get it via that. |
|
|
Term
| Partition of property in representation... |
|
Definition
| Is by roots. If a root has several branches, subdivision is also made by roots and members of same branch take by heads. |
|
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Term
| One who has renounced the right to succeed to another can still represent that person, True/False |
|
Definition
| Yes. Representation is stepping into the shoes. Cannot represent one who renounced succession of decedent. |
|
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Term
| Unworthy heirs are treated as if they... |
|
Definition
| Predeceased the decedent. This opens it up to representation and flowing of rights to prevent cutting off the line. |
|
|
Term
| Representation is by ____, own right takes by _____ |
|
Definition
|
|
Term
| Representative gains the ______, _____, and ______ of person represented |
|
Definition
|
|
Term
| Representative is expected to collate gifts made to represented, True/False |
|
Definition
|
|
Term
| Representative is expected to pay the represented person's debts to the succession? |
|
Definition
|
|
Term
| Rights of a successor are _____________ upon their death, whether or not he _______ the rights, an whether or not he knew the rights ______ to him. |
|
Definition
| Transmitted to his own successors, accepted, accrued |
|
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Term
| Separate property heir classes for intestate are... |
|
Definition
| Descendants, brothers/sisters/parents (brother/sisters take NO, parents take usufruct), parents in absence of siblings, siblings in absence of parents, surviving spouse, ascendants more remote than parents, collaterals more remote than siblings. |
|
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Term
| Descendants succeed to property of their ascendants, taking in equal portions and by _____ if they are in the same _____ |
|
Definition
|
|
Term
| Take by _____ if all or some of them succeed by representation. |
|
Definition
|
|
Term
|
Definition
| Legitimates, adopted children, qualified legitimates (acknowledged/filiated) |
|
|
Term
| If survived just by parents and siblings |
|
Definition
| Parents get usufruct, siblings get NO |
|
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Term
| If decedent has no parents nor descendants but has siblings |
|
Definition
| Siblings or descendants of siblings take full ownership of property to exclusion of other ascendants/collaterals. |
|
|
Term
| If decedent just has surviving parents and no descendants/siblings. |
|
Definition
| Parents take entirely in exclusion of all others. |
|
|
Term
| For brother/sisters of half blood... |
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Definition
| Property is divided along paternal/maternal lines of deceased. Full blood take in both lines, half blood take in own line. |
|
|
Term
| If there are half blood brothers and sisters on one side only... |
|
Definition
| They take in exclusion of all relations in the other line. |
|
|
Term
| If decedent has no descendants, parents, siblings or siblings's descendants but a spouse... |
|
Definition
| Spouse takes in exclusion of all others. |
|
|
Term
| If all the classes are empty except for remote ascendants and remote collateral... |
|
Definition
| Remote ascendants take. Property is divided in even halves to ascend up paternal and maternal lines, inherited by heads. |
|
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Term
| If only more remote collaterals are left... |
|
Definition
| One nearest in degree takes in exclusion of all others. |
|
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Term
| Ascendants can inherit the ______ given by them to their children or their descendants who died without posterity, when they are found in the succession. |
|
Definition
| Immovables. If alienated, can get the price instead. This is the right of reversion. |
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Term
| Conditions for the right of reversion are |
|
Definition
| Donation must be from ascendant to descendant, immovable property, donee dies without posterity, property must be found in succession of donee. |
|
|
Term
| Community property heir classes are... |
|
Definition
| Descendants, Surviving Spouse. Descendants includes all descendants, even of different marriage. |
|
|
Term
| If decedent leaves no descendants, community property... |
|
Definition
| Goes to the surviving spouse. |
|
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Term
| When an intestate heir renounces, his portion accretes to those... |
|
Definition
| Who would have taken had he predeceased. |
|
|
Term
| If no descendants and the surviving spouse dies without renouncing, community property... |
|
Definition
| Is transmitted to spouse's heirs as separate property. Works as separate property for succession. |
|
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Term
| Absolutely null marriage produces civil effect in favor of party who contracted it in... |
|
Definition
| Good faith, so long as the party remains in good faith. |
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Term
| When cause of nullity is one party's prior undissolved marriage, the civil effects... |
|
Definition
| Continue in favor of the other party until marriage is pronounced null or latter party contracts a valid marriage |
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Term
| Absolutely null marriages are |
|
Definition
| Polygamous marriage, marriage where parties are too close in relation to marry. |
|
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Term
| Purported marriage between parties of the same sex... |
|
Definition
| Does not produce civil effects. |
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Term
| Putative marriage exists when... |
|
Definition
| One of the parties is in good faith. |
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Term
| Civil effects of putative marriage are... |
|
Definition
| Given to party who enters in good faith and to children from that marriage. |
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|
Term
| Usufruct of surviving spouse... |
|
Definition
| Lasts until death or remarriage. |
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Term
|
Definition
| Decedents donations cannot exceed this portion |
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|
Term
|
Definition
| Descendant's share of the forced portion |
|
|
Term
|
Definition
| Portion that the decedent is free to donate |
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|
Term
|
Definition
| Descendants of first degree who at time of death of decedent are 23 or younger, or first degree descendants who are mental/physically incapable of caring for themselves and estates |
|
|
Term
| Forced heirs cannot be deprived... |
|
Definition
| Of their portion of the forced portion unless decedent had just cause to disinherit him |
|
|
Term
| The forced portion's size is... |
|
Definition
| One quarter of the estate of decedent with one heir, one half of the estate if more than one heir. |
|
|
Term
| Decedent can grant a usufruct to surviving spouse over... |
|
Definition
| All or part of property, including forced portion. This is for life unless expressly designated for shorter period. No security unless required by decedent or permitted where legitime is affected |
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Term
| Usufructs can be granted over _____ and _____ property. It can impinge on the _____ |
|
Definition
| Separate, community, legitime |
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|
Term
| Security for the usufruct is dispensed with unless |
|
Definition
| The naked owner is not a child of the usufructuary, or the child is a forced heir of the decedent. |
|
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Term
| If child is forced heir of decedent and surviving spouse has usufruct, security is for up to... |
|
Definition
| Legitime, or forced portion |
|
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Term
| For testamentary usufructs, the forced heir can request security when... |
|
Definition
| Usufruct in favor of SS affects his legitime, he is not a child of surviving spouse. Also can request security for separate property, along with community. |
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|
Term
| Surviving spouse can get an usufruct over retirement plans that are community property... |
|
Definition
| When the source of the benefit is due to payments may by or on behalf of the survivor. |
|
|
Term
| Illegitimate children are legitimated by... |
|
Definition
| The subsequent marriage of father and mother, by act passed before a notary and two witnesses, registering of birth/baptism of such a child. |
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Term
| Acknowledgement by act cannot be rebutted, but an acknowledgment by registry... |
|
Definition
| Can be rebutted if alleged father proves by preponderance of evidence facts that indicate he is not the father, subject to corroboration. |
|
|
Term
| Acknowledgement by father without mother's consent... |
|
Definition
| Will only have effect as to respect to the father. |
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|
Term
| To establish filiation, a child can bring suit and prove it by... |
|
Definition
| Preponderance of evidence in a civil proceeding if the parent is alive, or clear and convincing evidence if the parent is deceased. |
|
|
Term
| Time limit for filiation actions are... |
|
Definition
| 19 years after child's birth OR year after parent's death, whichever is first. |
|
|
Term
| Legitimate children and acknowledged/filiated illegitimate children have ____ inheritance rights. |
|
Definition
|
|
Term
| To qualify as an heir to his parent a child must be... |
|
Definition
| Legitimate, formally acknowledged, or filiated. |
|
|
Term
| Informally acknowledged child... |
|
Definition
| Cannot take under succession law. |
|
|
Term
| Formal acknowledgement requires |
|
Definition
| Declare before notary and two witnesses that you are parent OR register in birth/baptism records. |
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|
Term
| Formal can be voided by... |
|
Definition
| Blood tests showing no relationship, requires prima facie showing of reasonable possibility that no blood relationship exists. |
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|
Term
| Filiation action can be brought by |
|
Definition
| Child or someone representing child. |
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|
Term
| Husband of mother is presumed to be father if child born |
|
Definition
| Within 300 days of the dissolution of the marriage. |
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|
Term
| Husband can disavow paternity of child if he proves by a... |
|
Definition
| Preponderance of the evidence that he is not hte father. Requires independent verification. Negative blood tests, DNA prints not matching, sterility, etc. |
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|
Term
| Man who marries a pregnant woman and knows she is pregnant at time of marriage... |
|
Definition
| Cannot disavow paternity of child born of such pregnancy unless there is bad faith by the mother. |
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|
Term
| Time limit for a disavowal of paternity suit is |
|
Definition
| One year after husband learned or should have learned of birth of child. Can be extended for extenuating circumstances. |
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|
Term
| Married persons must _____ in adoption of another person. |
|
Definition
| Concur. No adoption without other's consent. |
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Term
| Adopted person is considered the... |
|
Definition
| Legitimate child and forced heir of the parents. |
|
|
Term
| True/False, adopted kids can inherit from their blood parents? |
|
Definition
|
|
Term
| A person who is absent for five years is... |
|
Definition
|
|
Term
| An absent person is a person who... |
|
Definition
| Has no representative in the state and whose whereabouts are not known, and cannot be ascertained by diligent effort. |
|
|
Term
| If an absent person owns property in the state... |
|
Definition
| Court can appoint a curator upon petition of interested party or showing of necessity. |
|
|
Term
| The curator's powers are... |
|
Definition
| To administer and alienate property. |
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Term
| Power to curate affects both separate and community property, True/False? |
|
Definition
| False. Separate property only. |
|
|
Term
|
Definition
| Full legal capacity. Acts disposing of immovable property are ineffective unless registered in parish of immovable property. Movables require delivery. |
|
|
Term
| For a declaration of death, ____ years have to pass. |
|
Definition
|
|
Term
| Curator has duty to initiate proceedings if... |
|
Definition
| There are no known heirs and person is declared dead. |
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Term
| Curatorship terminates by right... |
|
Definition
| By appointment of representative in the state by absent person, absent person reappearing, death of the absent person. |
|
|
Term
| Upon learning of termination, curator... |
|
Definition
| Must file notice in curatorship proceeding that it is ceased and render accounting and return of absent person's property. |
|
|
Term
| If absent person is presumed dead, succession... |
|
Definition
| Proceeds as if person died on date of death established in proceeding. |
|
|
Term
| If an absent person reappears... |
|
Definition
| Can retrieve property from successors, or transferees by gratuitous title. |
|
|
Term
| If absent person's property has been sold when they return... |
|
Definition
| Can recover from successors the net proceeds. |
|
|
Term
| If absent person's property has been encumbered when they return... |
|
Definition
| Can recover for diminution of value of things due to encumbrance. |
|
|
Term
| For fruits obtained from absent person's property, when they return... |
|
Definition
| Good faith possessors keep fruits, bad faith has to restore the fruits or value thereof to posessor. |
|
|
Term
| When improvements are made on absent person's property in good faith... |
|
Definition
| Absent person upon return has to pay possessor cost of improvements, their current value, or the enhanced value. |
|
|
Term
| When improvements are made on absent person's property in bad faith... |
|
Definition
| Absent person can keep, or demand removal at absent person's expense. If kept, pay at current value or enhanced value of immovables. |
|
|
Term
| Person presumed or declared dead at time of a succession... |
|
Definition
| Is considered not existing at time succession is open. Can take what is his under usual conditions upon reappearance. |
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|
Term
| Acts of administration/disposition made by curator after curatorship has terminated are ____ towards third persons unless... |
|
Definition
| Valid, notice of the termination of the curatorship has been filed in the curatorship proceeding. |
|
|
Term
| The presumption of death for an absent person is applicable to all matters such as.. |
|
Definition
| Opening of succession, recovering insurance proceeds. |
|
|
Term
| If there is new evidence as to time of death... |
|
Definition
| Declaration is to be modified appropriately and succession redone as necessary. |
|
|
Term
| If a person is presumed dead due to absence when they would take in a succession... |
|
Definition
| Rights devolve as if they had been dead at time of succession. |
|
|
Term
| When person has disappeared under circumstances such that death seems certain... |
|
Definition
| Death is considered to have been established even though his body has not been found. |
|
|
Term
|
Definition
|
|
Term
| The rights of succession become fixed at death and include: |
|
Definition
| Property of decedent at time of death, value of the property at time of death, who has rights in the property (successor, unborn child) |
|
|
Term
|
Definition
| Death certificate, affidavit, declaration of death. |
|
|
Term
| The old presumptions for death in a common calamity that are no longer valid are... |
|
Definition
1) All who died together were under the age of fifteen, oldest survived.
2) All who died together were older than sixty, youngest survived.
3) Some who died together were younger than sixty and some were older than sixty, those under sixty survived.
4) Some who died together were under 15 and over 15, those over 15 survived.
5) Some who died together were fifteen or older and younger than sixty, younger presumed to survived.
Abolished in 1997. |
|
|
Term
| One claiming a right has accrued to another person is bound to prove... |
|
Definition
| That such person existed at time the right accrued. |
|
|
Term
| Successor must exist at the... |
|
Definition
|
|
Term
| So if decedents were not intestate reciprocal heirs when they die... |
|
Definition
| Then it just goes to heirs normally as the reciprocal does not exist. |
|
|
Term
| Survivorship clauses are limited to... |
|
Definition
|
|
Term
| Unborn child to be considered existing at time of succession... |
|
Definition
| Must be conceived at death of decedent and thereafter born alive. |
|
|
Term
| Child conceived after death of decedent is considered child of decedent if decedent... |
|
Definition
| Specifically authorized in writing the use of his gametes and it was done within three years of the death of the decedent and child was born to the surviving spouse. |
|
|
Term
| If a child is conceived after death of decedent, to be a child of the decedent... |
|
Definition
| Decedent has to specifically authorize surviving spouse to use gametes (consent), child must be born to surviving spouse using the gametes of the decedent (proof), child must be born within three years of death of decedent (time limit) |
|
|
Term
| To receive a donation inter vivos, unborn child... |
|
Definition
| Must be in utero at time donation is made. Child must be born alive. |
|
|
Term
| To receive a donation mortis causa, unborn child... |
|
Definition
| Must be in utero at time of death of the testator. Child must be born alive. |
|
|
Term
| Successor will be declared unworthy if |
|
Definition
| Convicted of crime involving killing/attempted killing of decedent OR judicially determined to have participated in such. |
|
|
Term
| Action to declare successor unworthy shall be brought... |
|
Definition
| In the succession proceedings of the decedent. |
|
|
Term
| Executive pardon or pardon by operation of law makes an unworthy successor worthy again, True/False? |
|
Definition
|
|
Term
| Those who can bring an action to declare a successor unworthy... |
|
Definition
| Are those who would succeed in place of, in concurrence with the successor, OR who claims through such a person. |
|
|
Term
| Action to declare a successor unworthy is subject to a liberative prescription of... |
|
Definition
| Five years from death of the decedent for intestate, five years from the probate of the will for testate. |
|
|
Term
| Successor shall not be declared unworthy if he proves... |
|
Definition
| Reconciliation with or forgiveness by decedent. |
|
|
Term
| Being declared unworthy means... |
|
Definition
| Deprived of right to the succession he has been called to, has to return decedent's property along with fruits, or the value thereof if he no longer has the property. |
|
|
Term
| Unworthy successors cannot serve as an executor, trustee, attorney, or other fiduciary pursuant to a designation as such in the testament or any codicils thereto, true/false? |
|
Definition
|
|
Term
| If decedent died intestate, unworthy successor's rights devolve as if he had... |
|
Definition
| Predeceased the decedent. |
|
|
Term
| If decedent died testate, unworthy successor's rights devolve... |
|
Definition
| In accordance with the provisions of testamentary accretion as if he had predeceased the decedent. |
|
|
Term
| Successor can accept some of the rights to succeed and renounce others, True/False? |
|
Definition
|
|
Term
| Minor successors are deemed... |
|
Definition
| To accept, unless legal representative gets authorization from the court to renounce on his behalf. |
|
|
Term
| The requirements to renounce are... |
|
Definition
| The decedent has to be actually dead, the successor has to know about the death and that they have rights as a successor. |
|
|
Term
| Premature acceptance/renunciation are... |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Formal acceptance is done... |
|
Definition
| Via writing OR assumes the quality of successor in a judicial proceeding. |
|
|
Term
| Acts of the successor concerning property he does not know belongs to the estate... |
|
Definition
| Does not imply an intention to accept. |
|
|
Term
| An act of ownership that can be done only as a successor implies acceptance, true/false? |
|
Definition
|
|
Term
| Paying for a funeral is acceptance of succession, true/false |
|
Definition
| False. Act of humanity/piety. |
|
|
Term
| A successor is subject to unlimited liability for debts of decedent if they accept succession unconditionally, true/false? |
|
Definition
| False. Instead they are liable for debts in proportion to the part they have in the succession, additionally it is only to extent of value of their property. |
|
|
Term
| Is a successor assumed to accept an succession? |
|
Definition
| Yes, if there is no renunciation. |
|
|
Term
| For good cause, successor may be compelled or renounce, true/false. |
|
Definition
| True. Other heirs and creditors of the heir want to know. |
|
|
Term
| The two types of renunciation that are acceptance are... |
|
Definition
| Donative renunciation and renunciation for consideration. Former is to make rights go somewhere other than normal provisions. Second is to renounce for a price. |
|
|
Term
| Even if the donation for renunciation is invalid due to improper form... |
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Definition
| The acceptance is valid, donation fails. |
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Term
| If the donor does not dispense the heir from collation... |
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Definition
| The obligation may be avoided only if the heir renounces the donor's succession. |
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Term
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Definition
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Term
| Rights of intestate successor who renounces.. |
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Definition
| Accrete to those person who would succeed had the renouncer predeceased the decedent. |
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Term
| Rights of a testate successor who renounces... |
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Definition
| Accrete to those who would have succeed to them if the legatee had predeceased the decedent. |
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Term
| Person who gets succession rights accreted to them... |
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Definition
| Can renounce all or part of the accretion. |
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Term
| Can a successor renounce the original succession and still accept any coming via accretion? |
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Definition
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Term
| A creditor of a successor can, with ________, accept succession rights in the successor's name if... |
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Definition
| Judicial authorization, successor renounces them in whole or in part to the prejudice of the creditor's rights. |
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Term
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Definition
| The adding back to the whole of the estate of things given to children as an advance of their share of the estate. |
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Term
| Those who can demand collation are... |
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Definition
| Descendants of the first degree who qualify as forced heirs, and only for gifts made within the three years leading up to decedent's death. |
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Term
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Definition
| Children or grandchildren, coming into succession of fathers, mothers, or other ascendants. |
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Term
| Collation is based on two presumptions... |
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Definition
| Presumption of equality which must be naturally observed between children and other lawful descendants AND presumption that what was given/bequeathed to children by their ascendants was done as an advance of their succession. |
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Term
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Definition
| Reducing the succession in order to meet the necessary amounts for the forced portion. |
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Term
| There is a presumption of collation, true/false? |
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Definition
| True. To get rid of it, donor has to expressly forbid collation or state such. |
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Term
| There are three methods to dispense with collation, what are they/ |
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Definition
| Stating such in instrument where disposition is contained, act passed before notary and two witnesses after the disposition, or in the last will and testament. Will has to be in proper form. |
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Term
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Definition
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Term
| If a donation is done in the guise of a sale and the price is below fair value... |
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Definition
| The decedent must expressly show intent to do away with collation. |
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Term
| If a sale of immovable property is done at less than 1/4 the price... |
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Definition
| Then it may be attacked as a donation in disguise by the forced heirs. |
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Term
| If a sale of immovable property is done at a low price but more than 1/4... |
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Definition
| Then it is subject to collation. |
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Term
| Grandchildren can demand collation, true/false. |
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Definition
| False. First degree forced heirs only. |
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Term
| If you have a forced heir who is bankrupt and was given a gift within the last three years... |
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Definition
| The trustee for the bankruptcy can demand collation if necessary. |
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Term
| Grandchildren who are representing a forced heirs of the first degree can demand collation, true/false? |
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Definition
| True. Requires that the one represented be a forced heir (die when 23 or younger or be disabled). |
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Term
| Children and grandchildren must collate unless otherwise dispensed with by decedent, true/false? |
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Definition
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Term
| Gifts from grandparents to their grandchildren during life of the parents... |
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Definition
| Are always exempt from collation. Parents succeeding grandparents do not have to collate for gifts to the grandchildren. |
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Term
| Gifts made to the parents by the grandparents are subject to collation when the children succeed to the grandparents, true/false. |
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Definition
| False. Only if it is via representation of the parents. |
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Term
| Descendants can renounce a succession to dodge having to collate gifts made to them, unless... |
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Definition
| The estate without the gifts is not enough to see that everyone gets their forced portion. |
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Term
| When forced heirs renounce, their portion... |
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Definition
| Becomes part of the disposable portion. |
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Term
| The value used for determining the collation of gifts... |
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Definition
| If value at the time the gift was given. |
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Term
| Things subject to collation are... |
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Definition
| What is expended by father and mother to procure and establishment of their descendant coming to their succession OR payment of his debts. |
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Term
| Things not subject to collation are... |
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Definition
| Expenses of board, support, education, and apprentice ship NOR marriage presents which do not exceed the disposable portion. |
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Term
| Manual gifts given by the ascendant for the children's pleasure and other use are subject to collation, true/false. |
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Definition
| False. Gift is determined by custom and such. |
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Term
| Heir is bound to collate profits made from contracts made with the ascendants to whom he succeeds, true/false? |
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Definition
| False, unless the contracts at the time they were made gave the heir some indirect advantage. |
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Term
| Once it is determined that the sale within the last three years was a donation in disguise or advantage to the heir... |
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Definition
| The property or value of the property at the time of the gift is subject to collation. |
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Term
| Revendication is the right of the forced heir.... |
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Definition
| To reclaim immovable property from a third person who had onerously obtained the property from a donee who received it as an inter vivos gift from decedent. This was old. |
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Term
| Revendication can be done... |
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Definition
| In situations where the transferee obtained the property gratuitously from original donee. |
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Term
| Collation can occur after the succession is closed, true/false? |
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Definition
| False. Only during the proceeding. |
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Term
| The time limit on demanding collation... |
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Definition
| Is ten years from the death of the person whose succession collation is to be made. |
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Term
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Definition
| Is returning the donation to rejoin it to the mass of the estate. |
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Term
| Collation by taking less... |
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Definition
| Donee diminishes the portion he inherits in proportion to the value of the object he has received. |
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Term
| Immovables in possession of the donee... |
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Definition
| Can be done in kind or by taking less, unless donor imposed |
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Term
| Immovables in excess of disposable portion... |
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Definition
| Can be done in kind if the excess can be conveniently separated. If not, donee must collate by taking less. |
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Term
| For immovables collated in kind... |
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Definition
| Donee must be reimbursed for expenses to improve it in proportion to increase of value it received, expenses for preservation of the estate/thing. Donee is accountable for any damage done or deterioration. |
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Term
| If the immovable to be collated in kind is destroyed... |
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Definition
| Loss is borne by the succession, donee is not bound to donate the value. However, if partial destruction, donee has to collate the property in the state it is in. |
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Term
| If the immovable to be collated by taking less is destroyed... |
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Definition
| Loss is born by donee and they have to take less from the succession in the same manner as if the property had not been destroyed. |
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Term
| For movables, collation... |
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Definition
| Can only be done by taking less equal to the appraised value at the time of the donation. |
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Term
| Fruits emanating from an immovable which has been revoked by collation in kind must be restored... |
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Definition
| Only from the date of the judicial demand for collation in kind. |
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