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Devolution (Special rules (Adoption, Marriage, Usufruct, Forced heirship,…

- - - - Separate property
        
        6 classes
        
        First class
        
        Descendants: children, grandchildren
        
        Special
        
        Representation
        
        Applies only in 2 situations
        
        2 more items...
        
        Don’t distinguish between full or half siblings in this class
        
        Second class
        
        If there are no heirs in the 1st class the siblings of the decedent and their descendants succeed to the defendants seperate propert with a usufruct to the parents. If there are no parents the siblings succeed in full ownership.
        
        Special:
        
        891 usufruct to parents. Lasts until parents death if one parent dies the other gets the usufruct as a successive usufruct
        
        893 Special rules for half siblings: If decedant left siblings on maternal and paternal sides and 1 is half these rules apply
        
        T chart if one of the siblings die. Estate divided into paternal and maternal line.
        
        Siblings from maternal line receive equal portions
        
        Siblings from paternal line receive equal portions
        
        Full siblings receive from paternal and maternal side
        
        Siblings take by heads, reps take by roots.
        
        If there is a surviving parent of decedant the parents take usufruct over property. If no sibling parents take full ownership. Can only take by heads not roots
        
        Step siblings take nothing unless there’s a stepparent adoption
        
        Third class
        
        894: Surviving spouse not judicially separated. If there are no heirs in the first or second class the surviving spouse notnjuducially separated with succeed to the defendants seperate property to the exclusion of other ascendants or collaterals.
        
        Special:
        
        Surging spouse takes by heads no representation
        
        Judicial separation: divorce, judicial declaration of nullity when rep null and judicial order for seperation from bed and board for covenant marriage
        
        Six class
        
        902- if there are no heirs in the 1-5th class the state of Louisiana takes. Estate of deceased belongs to the state Escher
        
        Fourth class
        
        895: ascendants, grandparents and great grandparents. If there are no heirs in the first second or third class the defendants other direct descendants (grandparents, great grand parents) succeed to the decedents seperate property
        
        Special:
        
        T chart. Seperate maternal and paternal sides. Each side 1/2 of estate.
        
        Nearest ascendant takes all excluding more remote ascendants of either maternal or paternal line
        
        Ascendants take only by heads not representation 883
        
        Right of reversion 897-898
        
        Fifth class
        
        896 remote collaterals. If there are heirs in the 1,2,3,4th class. The decedents other remote collaterals succeed to defendants seperate property.
        
        Special
        
        Nearest collateral takes all excluding more remote collaterals. If several collaterals in the same degree they take equally and by heads no rep.
      - Community property
        
        3 classes
        
        First class
        
        Second class
        
        Third class