Successions Flashcards

1
Q

Term

A

Formula/Definition

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2
Q

Net Estate

A

D - L = N

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3
Q

Active Mass

A

N + D = AM

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4
Q

Forced Portion (1 Heir)

A

AM × 1/4

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5
Q

Forced Portion (2+ Heirs)

A

AM × 1/2

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6
Q

Disposable Portion

A

AM - Forced Portion

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7
Q

Forced Heir

A

A first-degree descendant of the decedent who is 23 years of age or younger at the time of the decedent’s death, OR a descendant who is permanently incapable of taking care of their person or managing their estate due to a congenital or inherited condition.

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8
Q

Disposable Portion

A

AM - Forced Portion

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9
Q

Collation

A

Bringing back gifts given during the decedent’s lifetime into the estate.

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10
Q

Collatable Gifts

A

Money, Real Estate, Business Interests, Valuable Property, Debt Forgiveness, Excessive Education Expenses

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11
Q

Not Collatable Gifts

A

Customary Gifts, Gifts Expressly Exempted, Education & Maintenance Expenses, Modest Parental Assistance

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12
Q

Example: One Forced Heir

A

AM = 100,000 → Forced Portion = 25,000, Disposable Portion = 75,000

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13
Q

Example: Two Forced Heirs

A

AM = 100,000 → Forced Portion = 50,000, Each Heir Gets 25,000, Disposable Portion = 50,000

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