Successions Flashcards
Term
Formula/Definition
Net Estate
D - L = N
Active Mass
N + D = AM
Forced Portion (1 Heir)
AM × 1/4
Forced Portion (2+ Heirs)
AM × 1/2
Disposable Portion
AM - Forced Portion
Forced Heir
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.
Disposable Portion
AM - Forced Portion
Collation
Bringing back gifts given during the decedent’s lifetime into the estate.
Collatable Gifts
Money, Real Estate, Business Interests, Valuable Property, Debt Forgiveness, Excessive Education Expenses
Not Collatable Gifts
Customary Gifts, Gifts Expressly Exempted, Education & Maintenance Expenses, Modest Parental Assistance
Example: One Forced Heir
AM = 100,000 → Forced Portion = 25,000, Disposable Portion = 75,000
Example: Two Forced Heirs
AM = 100,000 → Forced Portion = 50,000, Each Heir Gets 25,000, Disposable Portion = 50,000