SUCC--Intestate Basics

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Can you name the Order of Intestate Successions?

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2 TYPES OF SUCCESSIONS
--results from a will
---results from provisions of law and is default
2 TYPES OF SUCCESSORS
--from a will
--from provisions of law
3 TYPES OF HEIRS
--
--
--
2 THEORIES OF INTESTACY
--fulfills the wishes of decedent
--fulfills what ought to have been the wishes of decedent
DEVOLUTION OF SUCCESSION:
--Generally, multiple people within same degree of same class will inherit...
--For half-blood sibilings, succession is...
--For other ascendants, succession is...
--Adoption--General rule is adopted child is treated like...
--The rights and duties of biological parents are...
--Exception to above--biological parent can inherit if child is adopted such that...
3 WAYS TO COME INTO A SUCCESSION, BY:
--
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--
HOW REPRESENTATION AFFECTS DIFFERENT CLASSES
--Descendents--takes place...
--Ascendants
--Collaterals
The partition of this type is done by...
CC. 890 USUFRUCT OF SURVIVING SPOUSE
--Applies only in
--T/F. Decedent may not deprive the surviving spouse of this usufruct by adverse disposition in a will.
--Gives the surviving spouse a usufruct over the...
...to which the...
Generally, suviving spouse is not required to...
Usufruct continues until...
INHERITANCE RIGHTS OF CHILDREN BORN OUTSIDE MARRIAGE
Inherit to the same extent as do children of the marriage in these 4 situations:
--if the child is...
--if the child...
--if the parents..
--if the father...
Formal Acknowledgment can be done either by father's:
--
--For the acknowledgment to be effective...
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--and
--For purpose of inheritance rights, the presumption of paternity when the father is married to the mother works...
--When father is not married to the mother, presumption works
--For the father to have inheritance rights from a deceased child born out of marriage, formal acknowledgment is...
--What must be done for father to have inheritance rights from deceased child born our of marriage?
CONCEPTS APPLICABLE TO BOTH TESTATE AND INTESTATE
SEIZIN
Succession occurs...
Successors acquire ownership of decedent's property
--Universal Successors aquire ownership of
--Particular Successors aquire ownership of
Heir transmits the succession to...
Heir can institute...
Exercise of rights is limited if...
Prior to appointment of rep., a successor may
The alienation, encumbrance, or lease of estate done by a successor after the rep. has been duly appointed, is
UNWORTHINESS
When an heir or legatee is declared unworthy, he is
Unworthiness must be...
Action may be brought only by a
--or by one who
3 Grounds for Unworthiness
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--Convicted of a crime involving...
--Convicted of a crime involving...
--If not convicted, need
--...that potential heir or legatee
What does NOT remove the unworthiness?
Action to declare unworthiness must be brought in...
Perscription period
--begins to run in INTESTATE succession from...
--begins to run in TESTATE succesion from...
If unworth heir's descendant takes under 946, and the descendant is a MINOR...
2 other effects of being declared unworthy: Lose the right to...
--and to
Obligations of Unworthy Successor
Unworthy Successor's obligations will be to either...
--depending on whether the unworthy successor has...
--If in Possession-->must...
--If NOT in Possession-->must...
--...at time of...
Regardless of whether successor maintains possession of property, he must also
--caused by his
--...as a...
What will cure the grounds of unworthiness?
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ACCEPTANCE/RENUCIATION. Successor's 3 Options Upon Decedent's Death
--
--
Presumption of...
Rules Common to Acceptance and Renunciation
--No Acceptance or Renunciation until...
--Successor must know of...
--and that they...
--Premature acceptance or renunciation is...
--Acceptance or Renunciation is null if a...
--or if a
--Legacy subject to a suspensive condition may be accepted or renounced...
Effect of A or R on Creditors
--Creditors of successors may
--...at least to the extent of the...
--Creditors may exercise a right when a debtor...
--LASC has held that a creditor must show
--and...
Acceptance can be made either
--What does not constitute informal acceptance?
--
Renunciation must be both
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An act of renunciation is really acceptance when it is made for a...
--...or if it is gratuitous, but made in favor of...
Successor is liable for debts of estate, but liability is
--valued at the time of
Application of Accretion for Renunciation
--Intestate-->as if the renouncing heir
--Testate-->look to testament first. If there is a governing testamentary disposition, the
--Otherwise, renunciation is treated as if the...
What is not a true renunciation?
ESTATE DEBTS include:
--and
--Debts of decedent are those inccurred by...
--Administration expenses are those inccured in...
Universal Successors CAN'T be...
--for more than the value of the...
--valued at...
CAPACITY TO INHERIT
Need only be in...
--This includes children who are..
--2 things which are irrelevant for capacity to inherit?
--

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Created Nov 4, 2010ReportNominate
Tags:basic, extra, order, succession