Please enable JavaScript.
Coggle requires JavaScript to display documents.
Devolution [focus on intestate] (Successions (Types (Intestate (When does…
Devolution [focus on intestate]
Successions
Types
Intestate
When does it kick in?
No will
Not valid will
Partly valid will
Person died without leaving a will
Testate
871 Def: Transmission of decedents stat to his successors
Transmission of rights and obligations
Taking possession of estate
Property
Non probate property
Rules governing successions don't govern non probate property. DONE TALK ABOUT DEVOLUTION
Ex. Trust, life insurance
Probate property
Separate and community property that go into the succession
FIRST: Distinguish between separate and community property [make distinction because depending on the property different devolution rules]
2341Separate property
Whatever is not community property, acquired prior to establishment of community property regime, acquired with separate things, inherited by or donated to spouse individually
Ex. Property you purchased while married with your own funds = sep
Classes of devolution for sep property
1st Class
Descendants : Children, grandchildren
Representation allowed. No T Chart
2nd Class
Siblings and parents. Siblings take NO Usufruct to parents
T Chart when sibling dies.
891 Usufruct in favor of parents. Terminates when parents die. If one parent dies the other takes successive usufruct
Representation applies
Adopted siblings?
3rd Class
Surviving spouse not judicially separated
Spouse takes all provided that spouse is still married to the deceased at time of death
Look at marriage map
4th Class
Ascendents grand parents direct line. No collaterals
Ex. grandma , grandpa
Special:
T charts separate line for maternal and paternal
5th Class
Collaterals of any degree
6th Class
State of Louisiana
2338 Community property [PRESUMPTION IN FAVOR OF]
Property acquired during a marriage. It is presumed to be community property
Exception: Something you inherited while in the marriage (donated to you inter vivid or mortis cause)
Default regime unless spouses opt-out. Terminates when marriage is dissolved or by agreement of spouses