Monday, December 17, 2012

Collation


Legal Definition of Collation


collationTo collate is to bring back or to return to the hereditary mass, in fact or by fiction, property which came from the estate of the decedent, during his lifetime, but which the law considers as an adverse from the inheritance.  It is the act by virtue of which, the persons who concur in the inheritance bring back to the common hereditary mass the property which they have received from him, so that a division may be effected according to law and the will of the testator.

What are the important periods to remember

1 month or less before making a will
Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will
20 years
Maximum period testator can prohibit alienation of dispositions
5 years from delivery to the State
To claim property escheated to the State
1 month
To report knowledge of violent death of decedent lest he be considered unworthy
5 years from the time disqualified person took possession
Action for declaration of incapacity & for recovery of the inheritance, devise or legacy
30 days from issuance of order of distribution
Must signify acceptance/repudiation otherwise, deemed accepted
1 month form written notice of sale
Right to repurchase hereditary rights sold to a stranger by a co-heir
10 years
To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action accrues
5 years from partition
To enforce warranty of solvency of debtor of the estate at the time partition is made
4 years form partition
Action for rescission of partition on account of lesion

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