Succession and Donations

1. According to 895, if there are other ascendants in both the maternal

and paternal lines, the estate is divided by lines, and ascendants in
each line succeed by heads. Samantha would inherit 50%, and
Marta-Hebert would inherit the remaining 50% at 25% each. If she
had a sister, then 891 and 892 would allow the sister to inherit all,
because siblings succeed by heads.

2. No, however according to 892 parents will receive a joint and

successive usufruct.

3. Miriam inherits all, then Luke after she dies.

4. 890 gives a usufruct over all community property to the surviving

spouse, Howard. Howard receives a usufruct over the decedents
half of the community property, which ends when he either dies or
remarries. He doesnt get a usufruct over the separate property,
though. The highest ranking class would be Ralph, and higher-
ranking classes exclude lower-ranking classes, meaning the cousins
and in-laws do not inherit.

5. The surviving husband gets a usufruct over the property, then her
siblings each get 20% of the naked ownership of the property under
891.

6. Factual Situation:
Mary Jo was married to David for several years. Mary Jo and David
had three (3) children. Nancy, Owen, and Patricia, who were born
during their marriage. Mary Jo and David were divorced. All issues
regarding their community property were resolved at the time of
their divorce. The day after her divorce from David, Mary Jo married
Henry. A child, Quentin, was born two (2) months after Mary Jo and
Henry were married. Another child, Ronald, was born two (2) years
later, during the marriage of Mary Jo and Henry. Henry had been
married to Amelia before he married Mary J0. All issues regarding
Henrys and Amelias community property were resolved at the time
of their divorce. Barbara was born during the marriage of Henry and
Amelia. Barbara was legally adopted by Mary Jo after she married
Henry.

Mary Jo brought $100,000.00 cash into her marriage with Henry. She
deposited the $100,000.00 cash into a joint community
checking/savings account established between her and Henry and
which was maintained during their marriage. During Mary Jos
marriage to Henry, her parents gave her a piece of property located
in St. Charles Parish. Mary Jo and Henry, during their marriage,
jointly acquired a house and lot in New Orleans, a piece of rental
property in Baton Rouge, two cars, miscellaneous household
furniture, jewelry and personal effects, and they also had the above
mentioned joint checking/savings account. Henry inherited a
painting worth $50,000.00 and an antique armoire worth $20,000.00
from his grandparents during his marriage with Mary J0. Both the
painting and the antique armoire were kept by Henry at the home
where he and Mary Jo lived during their marriage.
Assume there have been no adoptions other than as outlined in the
above facts and no challenges and/or any other actions filed related
to legitimacy or paternity with respect to any of the children. Please
answer the following questions:

Question 1A Mary Jos surviving spouse gets a usufruct over the

house, cars, and furniture, while her children (Q, R, B) get a third of
the naked ownership under 891. The 100k is split in thirds amongst
her children. Henry keeps the painting and armoire. The parents
arent entitled to the return of property because there was no will
and it passes to children or childrens descendants.

Question lB
Children inherit the armoire and painting but usufruct is given to
MJ.
 Question 1C
Brothers and sisters or their descendants with usufruct to parents.

7. He must disavow paternity. He must demonstrate clear and

convincing evidence that he is not the father. This evidence can be
testimonial, documentary, or scientific, however the testimony of
the father alone is not enough. He has one year from the date he
knew or should have known that hes not the father to disavow. The
only exception to this is if he and the mother lived apart for 300 days
preceding the birth of the child in that case he must be made aware
of his paternity in writing.

8. Adam and Barbara had been married for 25 years when Barbara died
intestate. Just a few weeks before she died, Adam and Barbara had a
fight and Adam moved out of the family home. They had not
reconciled, and he was still living with relatives when Barbara died.
Although they had had two children together, both children had
died in a boating accident several years earlier, neither having had
children of their own. Though Barbaras parents predeceased her,
she was survived by her favorite aunt, Catherine, and cousin,
Donald, who had never married. Barbara had inherited a substantial
estate from her parents some years before. Who is entitled to inherit
Barbaras estate?

9. Allen and Karla, who were husband and wife, had tried for several
years to have children, without success. Finally they agreed that
Karla would undergo artificial insemination using donor sperm.
Both Allen and Karla signed all the paperwork necessary for the
procedure. The artificial insemination was successful and Karla
delivered twins, Christine and Kirsten. For a while, things seemed
to go well, but then Allen and Karla started to have serious
disagreements, primarily over family finances. Allen moved out.
Karla instituted divorce proceedings and asked for child support.
Allen had been disturbed for some time by the fact that Christine
and Kirsten were not his biological children. After Allen and Karla
 were divorced, Allen comes to see you. He tells you that he wants to
institute some kind of legal proceeding and obtain a Judgment
declaring that he is not the father of Christine and Kirsten, and that
they are not his legitimate or legal children. What do you tell him,
and why?

10.Harold died intestate. His estate consists of both community and

separate property. He has no descendants. He is survived by his
wife Amy, his mother Maude, his brother Martin, his sister Matilda,
and a cousin Tom. Who inherits Harolds estate, and in what
percentage?

14 Greg was married to Tricia when he died intestate. Greg was an only
child. He had no descendants and both his parents predeceased him.
Gregs estate consists of both community and separate property. He
is survived by his wife Tricia, a grandfather Doug, a first cousin
David, and a second cousin, Bob. Who is entitled to inherit Gregs
estate?

16.F and M had a son, S, and a daughter, D. S was first married to W1,
and they had one child, A. After W1s death, S married W2 and they
had two children, B and C. W2 divorced S. Thereafter, she married
H and bore him two children, G and J. D had one illegitimate child,
I. D died shortly after I was born. Her will (valid in form) left all
her property to her child, I. A married X. One child, Y was born of
that marriage. B married V. One child, Z, was adopted by them. B
shot and killed his father, S. B was convicted of murdering S and
was declared unworthy of inheriting in a suit brought by C. Ss
estate included land and stocks donated to him by his parents, F and
M, property that he received in his property settlement with W, and
property that he acquired after his divorce from W2. S was
predeceased by D and A. Six months after Ss death, G died. He left
 community property acquired during his marriage to T and also
separate property acquired during his marriage to T and also
separate property prior to his marriage.

A. Who inherits what from S and in what proportions?

B. Who inherits what from G and in what proportions?

17. Allen married Mary. Mary had two children born of a prior
marriage, Ann and Barbara. Ann and Barbara were never adopted
by Allen, but lived with Allen and Mary until Allen and Mary were
divorced. After Allen and Mary were divorced, Allen married Betsy.
Three children were born during the marriage of Allen and Betsy,
Caitlin, Don, and Edward. Don died in 1995. Don was survived by
his legitimate son, Frank. Allen died in 1996. Edward, who never
married and had no children, died in 2000 leaving $500,000.00 in cash
and a large home in New Iberia. Who inherits Edwards estate, and
in what percentage?

18. A dies survived by his daughter, D his wife, W; his parent, M and F;
and his sister, S. A has both separate and community property.

19. M and F are married and have a daughter, D. After M dies, F

remarries W2. W2 adopts D. F and W2 die together in a plane crash.
Years later, D dies survived only by her maternal grandfather, MGF,
the father of M; her paternal grandmother, PGM, the mother of F,
and by MGF2, the father of W2. Who inherits Ds property?

20. A marries B, and they have three children, C, D, and E. c, although

now deceased, had a child of his own, O. Before marrying A, B had
been married to Z, and B and Z had two children, U and V. B and
Zs marriage ended in divorce. B is now predeceased, and A has
remarried T. A and T adopted one son, Q. D dies. Distribute Ds
property and indicate in what way each heir takes.