giants2010

This is what I understand.
For children, the only rule applies is forced heirship.
- The forced heirship: 1/3 of total estate including clawback and separate property:
- 1.8 +1 = 2.8. Kids split 1/3 of that = 840 K - each should get 420K. The next question is where can they get this amount, since there is not that much left in the estate, after the wife has taken her share (highest priority).
For wife: she is entitled to use TWO rules. She is entitled to get the biggest amount:
- Forced heirship = 840 K or
- Community property: half of whatever is left of marital assets after having given gift. Assuming that he gave 1M of his own property and 500K of marital property - martial assets = 1.3M - wife gets half = 650K.
So wife should get 840K (according to example 1 pg 221). Now, since she has agreed to the gift, I assume that she will have to accept the lower amount, i.e., 650K. So there is 1.2M – 650 K = 650 K left for the children, so there is a shortage of 840K – 650K = 190K. The estranged kid has to file a suit to get the full share of 420K instead of 325K= 650K/2 left.