Workbook1 Flashcards

Question 1

Q

Successions@Quizlet

universal successor

Answer

A

the universal successor represents the deceased and succeeds to all of his rights and charges, includes heirs, universal legatees and general legatees

Question 2

Q

Successions@Quizlet

particular successor

Answer

A

succeeds only to certain rights relating to a thing sold, ceded or bequeathed to him, includes buyers or donees of a particular thing, recipients of a particular legacy in a will or transferees of particular things

Question 3

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Successions@Quizlet

testate succession

Answer

A

when the decedent dies with a testament (will) in the valid form

Question 4

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Successions@Quizlet

intestate succession

Answer

A

when a decedent dies without a will (testament), when the will is invalid either in whole or in part or when the will does not dispose of all of the decedent’s property

Question 5

Q

Successions@Quizlet

heirs

Answer

A

those succeeding intestate

Question 6

Q

Successions@Quizlet

legatees

Answer

A

those succeeding testate, recipients of legacies

Question 7

Q

Successions@Quizlet

applicable law

Answer

A

the applicable law of successions is the law in effect at the date of the death of the decedent

Question 8

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Successions@Quizlet

conflicts of laws, movables

Answer

A

succession (testate and intestate) to movables is governed by the laws of the state in which the decedent was domiciled at the time of his death

Question 9

Q

Successions@Quizlet

conflicts of laws, immovables

Answer

A

succession (testate and intestate) to immovables situated IN Louisiana is governed by the laws of Louisiana HOWEVA succession to immovables situated OUTSIDE of Louisiana is governed by the laws of the state that would be applied by the courts of the state in which the immovable is located

Question 10

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Successions@Quizlet

three ways for a successor to inherit

Answer

A

(1) in his own right

Question 11

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Successions@Quizlet

capacity to inherit

Answer

A

to inherit one needs to be in existence at the time of the decedent’s death, this includes children conceived before the time of death and then later born alive, age and mental capacity are irrelevant, special exception for children conceived posthumously with frozen sperm

Question 12

Q

Successions@Quizlet

conflict of laws on capacity to inherit

Answer

A

the capacity of an heir or legatee to inherit is determined under the law of the state in which the decedent was domiciled at the time of his death

Question 13

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Successions@Quizlet

classes of heirs

Answer

A

in order of right to inherit in intestacy, any members of higher class inherit to exclusion of all other heirs

Question 14

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Successions@Quizlet

counting degrees

Answer

A

for intestate successions, count up to the closest common ancestor then for collaterals count back down to the collateral, relative by closest (fewest) degree takes to exclusion of all others, collateral heirs of the same degree share equally and by heads

Question 15

Q

Successions@Quizlet

father’s inheritance rights from child in intestacy

Answer

A

*a father has the right to inherit as an ascendant when (1) he enjoys a presumption of paternity as husband of the mother (2) enjoys presumption of paternity as husband of mother and formal acknowledgement of the child that is not rebutted

Question 16

Q

Successions@Quizlet

ascendant’s right to inherit immovables aka reversion

Answer

A

*an ascendant has the right to the exclusion of all others to inherit immovables he donated inter vivos to the descendant who dies without posterity (ie without kids)

Question 17

Q

Successions@Quizlet

half-blooded siblings

Answer

A

if there are half blooded siblings the property is divded equally between the paternal and maternal lines, those who share both parents with the deceased sibling take in both lines, half-blooded siblings only take from their respective lines

Question 18

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Successions@Quizlet

surviving ascendants of the same degree

Answer

A

surviving ascendants of the same degree divide the estate by roots with one half going to maternal root and the other going to the paternal root

Question 19

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Successions@Quizlet

representation in ascending line

Answer

A

no representation in ascending line

Question 20

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Successions@Quizlet

representation

Answer

A

a fiction of the law the effect of which is to put the person representing in the place, degree and rights of the person represented

Question 21

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Successions@Quizlet

representation in direct lines

Answer

A

representation in direct lines takes place ad infinitum, it is permitted in all cases, whether the children of the deceased concur with the children of the predeceased child or whether, all the children having died before him, the descendants of the children be in equal or unequal degrees of relationship to the deceased

Question 22

Q

Successions@Quizlet

representation in collateral line

Answer

A

representation along the collateral line is permitted in favor of the children and descendants of the brother and sister of the deceased NOT FOR OTHER COLLATERALS

Question 23

Q

Successions@Quizlet

basis of partition in cases of representation

Answer

A

in all cases of representation the partition is made by roots, if a root has made multiple branches then those branches also partition by roots and members of the same root/branch take by heads

Question 24

Q

Successions@Quizlet

representation of decedent whose succession was renounced

Answer

A

an heir who renounces his right to succeed to a decedent may still enjoy the right of representation in relation to that decedent

Question 25

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Successions@Quizlet

inheritance of community property

Answer

A

*surviving spouse gets full ownership of her half of the community property, not by inheritance but as owner

Question 26

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Successions@Quizlet

community property of putative marriage

Answer

A

*if the decedent spouse is in good faith that spouse’s share of community property goes to his successors and the legal and putative spouses share the other half pro rata

Question 27

Q

Successions@Quizlet

890 usufruct and children not of the marriage

Answer

A

*naked owner children not of the marriage may demand that the surviving spouse post security for an 890 usufruct IF the surviving spouse is not the parent of the child

Question 28

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Successions@Quizlet

inheritance rights for adopted children

Answer

A

*adopted children inherit as if they were born of the decedent’s marriage, concurrence of the spouse is required for a married person to adopt

Question 29

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Successions@Quizlet

inheritance rights of children born outside of the marriage

Answer

A

children born outside of the marriage inherit the same way as children of the marriage IF (a) the child is formally acknowledged OR (b) the parents subsequently marry and acknowledge OR (c) if the child timely files a paternity action OR (d) if the father timely files an avowal action (no avowal actions for mothers as we know who they are on account of the whole child birth thing)

Question 30

Q

Successions@Quizlet

formal acknowledgment

Answer

A

a child may be formally acknowledged either by declaration by the father executed before a notary public in the presence of two witnesses OR by the father signing the birth certificate, for the formal acknowledgement to be effective the child must not be filiated to another man

Question 31

Q

Successions@Quizlet

reciprocal inheritance rights between child and father

Answer

A

*for purposes of inheritance rights, the presumption of paternity when the father is married to the mother works in favor of the child AND the father

Question 32

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Successions@Quizlet

paternity action

Answer

A

a child can file a paternity action to prove the paternity of his biological father EVEN IF the child is presumed to be the child of another man

Question 33

Q

Successions@Quizlet

avowal action

Answer

A

*a biological father may file suit to prove paternity of a child, even if the child is presumed to be the child of another man

Question 34

Q

Successions@Quizlet

presumption of survivorship for persons who perish in a common disaster

Answer

A

*CURRENT RULE- if there are no facts to show that one person perished before the other then BOTH parties are presumed to have survived each other, the burden of proof to establish survivorship rests on the person claiming through the alleged survivor

Question 35

Q

Successions@Quizlet

short-term survivorship

Answer

A

in testate successions, the testator may include short term survivorship clauses in his will and may impose as a suspensive condition that the legatee survive him for a stipulated period of time not to exceed 6 months

Question 36

Q

Successions@Quizlet

Seizin “Le Mort Saisit Le Vif”

Answer

A

*succession occurs at the death of the decedent, a successor acquires ownership or is seized of the decedent’s property immediately upon the death of the decedent

Question 37

Q

Successions@Quizlet

transmission

Answer

A

the heir transmits the succession to his own heirs, the heir can institute all actions the decedent could institute and can prosecute those already commenced, the rights of the successor are transmitted to his own successors at his death regardless of whether he accepted the rights

Question 38

Q

Successions@Quizlet

possession

Answer

A

*possession of the decedent is transferred to the successors

Question 39

Q

Successions@Quizlet

unworthiness, generally

Answer

A

*when an heir or legatee is judicially declared unworthy he is deprived of the right to inherit

Question 40

Q

Successions@Quizlet

who may bring an action for unworthiness

Answer

A

*generally an action for unworthiness may only be brought by a person who would succeed in place of or in concurrence with the unworthy successor, Or by one who claims THROUGH such a person

Question 41

Q

Successions@Quizlet

grounds for unworthiness

Answer

A

when the potential heir or legatee is convicted of a crime involving the intentional, unjustified killing or attempted killing of the decedent, OR, if not convicted, he is judicially determined to have participated in the intentional, unjustified killing or attempted killing of the decedent, Governor’s or statutory pardon does not remove unworthiness

Question 42

Q

Successions@Quizlet

temporal elements of action to declare unworthiness

Answer

A

*an action to declare unworthiness must be brought in the decedent’s succession proceeding

Question 43

Q

Successions@Quizlet

devolution rights of minor children of unworthy successor

Answer

A

if an unworthy heir’s descendant succeeds and the descendant is a minor, neither the unworthy parent nor the other parent has a usufruct over the property that the minor inherits

Question 44

Q

Successions@Quizlet

additional prohibitive effects of unworthiness

Answer

A

when an heir is declared unworthy he ALSO loses

Question 45

Q

Successions@Quizlet

obligations of unworthy successor

Answer

A

*if the unworthy successor has possession of any of the decedent’s property he must return it along with all fruits and products

Question 46

Q

Successions@Quizlet

effect of reconciliation on unworthiness

Answer

A

reconciliation or forgiveness will cure the grounds of unworthiness

Question 47

Q

Successions@Quizlet

conflicts of law rule for unworthiness

Answer

A

the unworthiness of an heir or legatee is determined under the law of the state in which he deceased was domiciled at the time of his death

Question 48

Q

Successions@Quizlet

successor’s options upon death of decedent

Answer

A

(1) accept succession

Question 49

Q

Successions@Quizlet

accepting inheritance but renouncing another’s accretion

Answer

A

a successor may accept his specific inheritance while renouncing the accretion that arises from someone else’s renunciation and vice versa

Question 50

Q

Successions@Quizlet

subsequently probated or annulled testament

Answer

A

*an acceptance or renunciation of rights to succeed by intestacy is null if a testament is subsequently probated

Question 51

Q

Successions@Quizlet

acceptance/renunciation of legacy subject to suspensive condition

Answer

A

a legacy subject to a suspensive condition may be accepted or renounced before or after the fulfillment of that condition

Question 52

Q

Successions@Quizlet

prescription of acceptance or renunciation of succession

Answer

A

BECAUSE successors are presumed to accept the old 30 year prescriptive period has been abandoned and instead a court, in its discretion, may force a successor to accept or renounce under the “good cause” rule to prevent a successor from impeding the succession

Question 53

Q

Successions@Quizlet

rights of creditors of successors

Answer

A

a creditor may prohibit a debtor from renouncing succession rights, at least to the extent of the debt

Question 54

Q

Successions@Quizlet

oblique action

Answer

A

whenever a debtor causes or increases his insolvency by failing to exercise a right, the creditor may exercise that right unless it is purely personal to the debtor, the La. Supreme Court recently held that to do this a creditor must show fraud on the part of the debtor and intent to injure the creditor

Question 55

Q

Successions@Quizlet

acceptance

Answer

A

*may be either formal or informal

Question 56

Q

Successions@Quizlet

informal acceptance

Answer

A

(a) an act without knowledge or intent to accept is not an acceptance

Question 57

Q

Successions@Quizlet

acceptance posing as renunciation

Answer

A

an act of renunciation is really an acceptance when it is made for a price or if it is gratuitous but made in favor of anyone to whom the inheritance would not otherwise accrete

Question 58

Q

Successions@Quizlet

successor’s liability upon acceptance

Answer

A

a successor is liable for debts of the estate but liability is limited to the value of the property the heir actually receives, valued at the time of receipt

Question 59

Q

Successions@Quizlet

renunciation; requirement and effect

Answer

A

*renunciation must be express and in writing but need not be by authentic act

Question 60

Q

Successions@Quizlet

renunciation and representation

Answer

A

a relative who renounced his share of a succession may nevertheless represent the person who’s succession he renounced in the succession of another

Question 61

Q

Successions@Quizlet

capacity to renounce

Answer

A

to renounce the heir must have capacity to alienate, HOWEVA for a minor a tutor may renounce with court authorization

Question 62

Q

Successions@Quizlet

seizin and renunciation

Answer

A

a successor is considered seized immediately upon the death of the decedent until he formally renounces and that renunciation is then retroactive

Question 63

Q

Successions@Quizlet

debts of the decedent

Answer

A

debts incurred during the life of the decedent or those incurred as a result of his death

Question 64

Q

Successions@Quizlet

administration expenses

Answer

A

expenses incurred in collection, preservation, management and distribution of the decedent’s estate

Answer 65

A

universal successors are liable to creditors for the estate debts, including debts of the decedent and administration expenses, but only to the extent of the value of the property received by them, the liability of successors is joint, not solidary

Answer 66

A

a successor who is a creditor of the estate is paid in the same order or preference as other creditors, he is given no special benefit or detriment merely for being a successor HOWEVA depending on the debt you might be better off renouncing your succession rights and instead just collecting on the debt instead of incurring liability to other creditors

Answer 67

A

*when a creditor emerges after the court-ordered distribution of the estate to successors and/or payment of creditors has been made the order in which that new creditor’s claim can be satisfied is

Answer 68

A

*secured creditors- if a creditor of an estate is secured (eg a mortgage on estate immovable property or a chapter 9 security interest in movable property) then the creditor will be paid in accordance with the preference and priority of his security right

Answer 69

A

the testator may, in his will, make specific provisions for the payment of debts, further, the successors themselves may agree on allocation of payment of estate debts, the rights of creditors my NOT be impaired by a testator’s will or by agreement among successors

Answer 70

A

estate debts attributed to identifiable property are generally chargeable to that property and its fruits and products

Answer 71

A

*debts of the decedent are charged ratably to property that is the object of general and universal legacies and property that passes by intestacy, valued at the time of death, if this property is insufficient the debts remaining are charged in the following order:

Answer 72

A

administrative expenses are charged ratably to fruits and products of property that is the object of general and universal legacies and property that passes by intestacy, if insufficient the remaining expenses are charged FIRST to the property itself, NEXT to the fruits and products of property of particular legacies and THEN to the particular legacy property itself

Answer 73

A

expenditures involving compensation to the succession representative as well as attorney’s fees, accounting fees, and other professional fees incurred in conjunction with administration of the decedent’s estate are allocated between debts of the decedent and administration expenses in accordance with the standard of fairness and equity

Answer 74

A

the succession representative or all of the successors may, for tax purposes, report receipts and deduct expenditures as authorized by tax law notwithstanding rules in the civil code

Answer 75

A

unless otherwise indicated by law or by provision in the testament, receipts and expenditures are allocated to all successors pursuant to fairness and equity

Answer 76

A

a donation inter vivos is a donation between living persons, it is a contract by which one party, the donor, gratuitously divests himself of ownership of the thing given, at present and irrevocably in favor of a donee, who accepts the thing

Answer 77

A

a donation mortis causa is an act to take effect at the death of the donor where he divests himself of all or part of his property and is revocable during the donor’s lifetime

Answer 78

A

(1) capacity- both to give and receive

Answer 79

A

everyone is presumed to have capacity to make and receive donations inter vivos and dispositions mortis causa

Answer 80

A

*timing- capacity for a donation inter vivos must exist at the time of the donation and for mortis causa it must exist at the time of the execution of the instrument

Answer 81

A

fraud, duress and undue influence, donations made under these vices of capacity are null

Answer 82

A

a donation is null for undue influence when it is the product of influence by the donee or another person that so impaired the volition of the donor so as to substitute the volition of the donee or other person for the volition of the donor

Answer 83

A

when a donation is a product of fraud, duress or undue influence BUT any provision of the donation is NOT the product of such vice, THEN that provision shall be given effect unless it is null for some other reason

Answer 84

A

*a person challenging a donation for a vice of consent must prove the vice by clear and convincing evidence

Answer 85

A

one who commits fraud, exercises duress or unduly influences a donor shall also not be permitted to serve as the executor, trustee, attorney or other fiduciary pursuant to a designation as such in a donation or testament

Answer 86

A

*a person will have capacity to make a testament if, at the time of making the testament, he possessed the capacity under the law of the state (a) where he was domiciled at the time of making the testament OR (b) where he was domiciled at the time of his death

Answer 87

A

*to receive a donation inter vivos the donee need only exist at the time the donation was made

Answer 88

A

if a donation hinges on the fulfillment of a suspensive condition then the donee must have the capacity to receive at the time the condition is fulfilled

Answer 89

A

a tutor may accept a donation on behalf of a minor

Answer 90

A

conditions made in a donation inter vivos or disposition mortis causa that are impossible, immoral, or contrary to law are regrded as never made and are therefore void

Answer 91

A

*a disposition not in trust to a donee, called an institute, who is charged to preserve a thing and deliver it at his death to a second donee, called the substitute

Answer 92

A

if a gift is prohibited it lapses but the remainder of the testament is valid

Answer 93

A

while a straight prohibited substitution is prohibited a testator CAN leave a lifetime usufruct to one person with naked ownership to another person that would have a simmilar effect

Answer 94

A

if a gift is in full ownership, then merely providing that, in the event that the first donee cannot take the gift that it will go to a second donee instead is not the same thing as a prohibited substitution and is permitted, this is called a vulgar substitution

Answer 95

A

a testator can attach as a suspensive condition to a legacy that the designated legatee must survive him by a period of time not to exceed six months, the testator can do this with a vulgar substitution and name a second legatee to leave the legacy to in the event that the first legatee does not fulfill the survivorship condition

Answer 96

A

the right of the fuirst donee is suspended until the survivor’s survivorship beyond the stipulated period is determined, if the first donee survives the stipulated period he is then considered to have succeeded to the decedent retroactive to the moment of the decedent’s death, if the first donee does not survive the stipulated period, he is considered as never having received the disposition and the second donee is considered as having succeeded the decedent from the moment of the decedent’s death

Answer 97

A

a testament may not be executed by a mandatary or agent for the testator, also, more than one person cannot execute a testament in the same instrument

Answer 98

A

*testamentary dispositions commited to the choice of third persons are generally null

Answer 99

A

when it is probated in accordance with the procedures set out in the Louisiana Code of Civil Procedure

Answer 100

A

there are two (1) notarial and (2) olagraphic, comlpiance with one of the two forms will make the will effective but if it fails to comply with either form it is absolutely null

Answer 101

A

in addition to the proper form, testamentary intent is required for a will to be valid

Answer 102

A

a testamentary disposition is valid as to form if it is in writing and is made in conformity with one of the following (a) the laws of Louisiana (b) the law of the state where it was made (c) the law of the state in which the testator was domiciled at the time of his death OR (d) with regard to immovable property only, the law that would be applied by the courts of the state in which the immovable is situated

Answer 103

A

*entirely hand written, dated and signed in the handwriting of the testator, it is subject to NO OTHER form requirements

Answer 104

A

the intent for a document to act as a testament, necessary for any testament to be valid, usually only an issue for olographic wills because of the heightened form requirements of notarial wills, letters and memos CAN be valid olographic wills ONLY if they have the requisite testamentary intent

Answer 105

A

valid and enforceable IF the hand written portion ONLY expresses the requisite testamentary intent

Answer 106

A

self proving provided that the following required formalities are met

Answer 107

A

(1) standard notarial tetsament

Answer 108

A

*the same as for the standard notarial will HOWEVA the person can make a mark in lieu of his signature OR if he is unable to even make a mark he can instruct someone else to assist him in affixing a mark or sign for him

Answer 109

A

*execution- testament in this form must be executed in front of notary and 2 witnesses, testator must declare that he heard the will’s readings and must sign or mark every page and at the end, if unable to sign the reason for the inability must be stated

Answer 110

A

*same formalities for normal notarial testaments EXCEPT

Answer 111

A

*special form ONLY available to deaf and/or deaf AND blind persons who are unable to understand sign language, braille or visual english

Answer 112

A

a person cannot be a witness to a testament if he is insane, blind or unable to sign his name or under the age of 16

Answer 113

A

a deaf person may be a witness except in the case of a notarial testament for sight-impaired persons or persons who don’t know how to read

Answer 114

A

a person who does not know how to read may not be a witness for sight-impaired persons or persons who don’t know how to read

Answer 115

A

*if a legatee or spouse of a legatee (already married at time of execution) is a witness to the testament then the legacy to that witness or witness’ spouse is invalid

Answer 116

A

*appointment as a succession rep, atty handling estate, or trustee is not a bequest

Answer 117

A

permissible

Answer 118

A

permissible if he is not otherwise named as a legatee

Answer 119

A

*testator gives this legatee(s) the whole of the property or the balance or residue of the property left after particular legacies

Answer 120

A

*a fraction or certain proportion of an estate, or a fraction or certain portion of the balance of the estate that remains after particular legacies are discharged, OR

Answer 121

A

all other bequests that are neither general nor universal legacies are particular legacies, these are usually legacies of specific property

Answer 122

A

when a thing is left to two or more people without an assignment of parts or shares, legatees take an equal percentage of the whole

Answer 123

A

a legacy between 2 or more people is…

Answer 124

A

when a legacy to a joint legatee lapses (ie the joint legatee predeceases the testator) the share of that legatee accretes to the other joint legatees ratably

Answer 125

A

if a joint legatee predeceases the testator, the surviving joint legatees take the entire bequest in full ownership, BUT if all joint legatees survive the testator and then one of the joint legatees dies his share does not accrete to the other joint legatees and is instead part of his estate

Answer 126

A

*to make a bequest a joint bequest simply include the word “joint” or leave it to “A and B”

Answer 127

A

*takes place when a legacy lapses

Answer 128

A

(1) legatee predeceases testator

Answer 129

A

when a general or particular legacy lapses it goes to the successor who would have received the property under the testament if the legacy had not been made Ex. if I leave a specific book to Joe and my entire collection of books otherwise to Jane and then Joe is declared unworthy, that particular book would instead go to Jane

Answer 130

A

in the absence of a governing testamentary provision accretion flows as if the legatee predeceased the testator

Answer 131

A

*exception to general rules on accretion

Answer 132

A

(1) follow lapse provision in testament

Answer 133

A

a legacy is extinguished when the property that is the object of the legacy is lost, destroyed or otherwise extinguished before the death of the testator

Answer 134

A

if a legacy is extinguished, the legatee is entitled to any part of it that remains and to uncollected insurance proceeds and to the testator’s right of action against any person liable for the loss

Answer 135

A

the legacy of a certain object is not extinguished when the object has been transformed into a similar object without an act of the testator (so not when it’s sold)

Answer 136

A

if the legacy has been condemned or expropriated prior to the testator’s death the legacy is not extinguished, rather the legatee is entitled to any uncollected award and also to any right of action that the testator may have had concerning the condemnation or expropriation

Answer 137

A

(1) testament governs- if a testamentary provisions sets the order of preference then follow it, IF NOT

Answer 138

A

*If testament doesn’t have a provisions setting a hierarchy, THEN

Answer 139

A

*the successor is entitled to fruits and products attributable to the object of the legacy from the date of death of the testator, the right to distribution of these fruits and products however is subject to administration of the succession

Answer 140

A

*testator may revoke or modify his testament at any time

Answer 141

A

may be done by authentic act, signed writing, physically destroying the will, or by writing a new will that expressly states that old will is revoked

Answer 142

A

*when original will cannot be found it is presumed to be destroyed and revoked

Answer 143

A

destruction of one of the multiple originals of the same testament gives rise to a presumption that the testament is revoked

Answer 144

A

either intestacy or revival of a preceding will that was not destroyed/revoked, same result if will is invalid

Answer 145

A

*a legacy or other testamentary disposition may be revoked by making a signed writing on the testament itself, does not need to be dated, NOTE an authentic act sufficient to revoke an entire testament is NOT sufficient to revoke a single legacy within it

Answer 146

A

*conduct may serve to revoke a legacy within a testament

Answer 147

A

*olographic- changes made to document itself serve as revocations/modifications if done by the testator himself so crossing out a legacy revokes it and writing a new one in adds/modifies a legacy

Answer 148

A

NOT THE LAW IN LOUISIANA- La. does not recognize the dependent relative revocation doctrine meaning that if a will is revoked and the earlier will is then found to be invalid it does not revive the later will that had been revoked

Answer 149

A

can be done and renders the initial revocation null

Answer 150

A

*OLD LAW was that the child’s birth or adoption automatically revoked the will unless otherwise stipulated in testament

Answer 151

A

*primary concern in testamentary interpretation

Answer 152

A

the one written last prevails

Answer 153

A

not to be interpreted as satisfaction of the debt unless specifically stipulated otherwise in the testament

Answer 154

A

the meaning of words or phrases in a testament are determined by (a) the law of the state indicated in the testament OR (b) by the law clearly contemplated by the testator at the time of writing the testament OR (c) if the other two are unavailable then the law of the state where the testator was domiciled at the time of making the testament

Answer 155

A

testaments are governed by the law in effect at the time of the testator’s death

Answer 156

A

the portion of an estate reserved for forced heirs, one fourth of the estate if there’s one forced heir, half the estate if there’s more than one forced heir to be divided up by heads, each forced heir’s share of the forced portion is his legitime

Answer 157

A

the share of the forced portion that each forced heir receives

Answer 158

A

legitime may only be satisfied by (a) full ownership (b) naked ownership burdened by a usufruct to the surviving spouse OR (c) placing the legitime in trust

Answer 159

A

a usufruct or an income interest in a trust does not satisfy the forced heir’s legitime, regardless of whether its value may exceed the legitime

Answer 160

A

a legitime MAY NOT be subject to impermissible burdens, conditions or charges EXCEPT (a) usufruct to surviving spouse (b) placing the legitime in trust

Answer 161

A

disinherison of a forced heir must (a) be in the valid form for wills (b) be for just cause (c) be express (d) name the person to be disinherited or otherwise make him identifiable or it is null

Answer 162

A

(1) striking a parent- threat insufficient

Answer 163

A

*grounds for disinherison are presumed true but that may be rebutted by proving otherwise by a preponderance of the evidence, unsupported testimony of heir alone insufficient

Answer 164

A

grandparents may disinherit a grandchild for any of the grounds for disinherison whether offending act is against child’s parent or grandparent EXCEPT when the ground for disinherison is the minor child marrying without the parent’s consent

Answer 165

A

*takes effect at death

Answer 166

A

*first degree descendants 23 years of age or younger

Answer 167

A

*doesn’t need to be “severe” as previously held

Answer 168

A

*stupid rule, if the fraction that would normally be used to calculate the forced heir’s legitime is larger than the fraction of the estate he would have received in intestacy then the smaller fraction is instead reserved from the forced portion for the forced heir

Answer 169

A

*if a forced heir renounces his legitime then it become disposable and the forced portion is reduced accordingly but the legitimes of the other forced heirs are not affected, they are determined by the number of other forced heirs

Answer 170

A

a child born outside of the marriage whose filiation to the decedent is established is still a forced heir if he would qualify otherwise

Answer 171

A

*given by operation of law to the surviving spouse of a decedent intestate over his half of the community property which otherwise pass in naked ownership to his descendants

Answer 172

A

*lasts for the life of the surviving spouse unless otherwise provided in testament

Answer 173

A

a forced heir or descendant not the child of the surviving spouse may REQUEST (not require) security when the surviving spouse has a usufruct over the legitime or community property HOWEVA the usufructuary is not necessarily REQUIRED to provide it and if security is owed then the court may fashion a remedy including the issuance of mortgages, notes or liens

Answer 174

A

*the forced portion may be placed in trust

Answer 175

A

a survivorship condition is not valid as applied to the legitime of a forced heir UNLESS both the forced heir AND his descedants fail to live for the stipulated period of time not to exceed six months

Answer 176

A

*only the forced heir may institute an action to reduce donations

Answer 177

A

*assets-debts+value of donations made in last 3 years= active mass

Answer 178

A

(1) immovables excluded by conflict of law provisions

Answer 179

A

(1) mortis causa donations- following either testamentary provisions or in their absence starting with universal, general then particular

Answer 180

A

if the donee still owns the property of the donation that the forced heir seeks to reduce he may elect to return the property or, if applicable take less from the succession to satisfy the legitime

Answer 181

A

*if donee has alienated the property then he must return the value the property had at the time the donee received it from the donor

Answer 182

A

*forced portion- 1 kid-1/3, 2 kids-1/2, 3+ kids-2/3

Answer 183

A

*forced portion- 1 kid-1/4, 2+ kids-1/2

Answer 184

A

the same as now except for grandchildren who only were forced heirs if their parents predeceased decedent and would have been younger than 23 (not 24) at the death of the decedent, after 6/18/1997 the law changed to its current state

Answer 185

A

*collation is the supposed or real return of goods to the mass of a succession that an heir makes of property that the heir received in advance of his share of the succession

Answer 186

A

collation is always presumed unless expressly forbidden or waived

Answer 187

A

*real- actually taking the property donated and putting it back in the mass of the succession

Answer 188

A

*collation may be waived by the donor when he expressly states in unequivocal language that he wants the donee to have the thing donated as a separate advantage

Answer 189

A

forced heirs and forced heirs ONLY

Answer 190

A

*inter vivos gifts made within three years prior to decedent’s death valued as of the date of the gift

Answer 191

A

(1) manual gifts- gifts by ascendants, by their own hands to one of their children for their pleasure

Answer 192

A

*children and grandchildren and then ONLY if they are called to the succession of the donor

Answer 193

A

*in kind- donee returns property donated to succession mass

Answer 194

A

*donee can take less or collate in kind

Answer 195

A

*donee is liable to the succession for any damage caused by his own negligence or fault

Answer 196

A

if immovable property is burdened by real rights the donee is accountable for the diminution in value caused by the imposition of the real rights

Answer 197

A

*can’t collate movables in kind

Answer 198

A

if a donee keeps a donation away from collation by renouncing the succession a forced heir may still potentially reduce the donation to satisfy his legitime

Answer 199

A

a forced heir may not demand collation after the issuance of a judgment of possession if he participated in obtaining the judgment

Answer 200

A

if community property is donated then only the decedent’s 1/2 of the property can be collated

Answer 201

A

a contract is a simulation when the parties agree that it does not express their true intent

Answer 202

A

where two parties have engaged in a simulation they express their true intent in a separate writing called a counter letter

Answer 203

A

(1) absolute- the parties intend that the contract produce NO effects

Answer 204

A

generally testimonial (parole) evidence is inadmissible, only in the “interests of justice” is this rule broken

Answer 205

A

simulations cannot be attacked as to third parties who have relied on the public records

Answer 206

A

claims to attack a transaction as a simulation are imprescriptible

Answer 207

A

*inter vivos gifts- 5 years from death of donor

Answer 208

A

10 years from the date of death of decedent unless the hair has participated in the succession and a judgment of possession has been rendered which will bar the action

Answer 209

A

*an inter vivos donation in which the donor gives away his property in its entirety

Answer 210

A

*an action to nullify a donation omnium bonorum may be brought by the donor during his lifetime or by his heirs after his death

Answer 211

A

*movable- the donee must return the property

Answer 212

A

*if one spouse dies “rich in comparison” (5-1) to other spouse then the surviving spouse is entitled to marital portion

Answer 213

A

marital portion may be placed in trust

Answer 214

A

*right to claim marital portion is strictly personal

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