Free LA-Notary Successions, Wills, and Trusts Questions and Answers — Questions and Answers
Question 1: A decedent dies with three children. One child is 25 years old, one is 28, and one is 22 and permanently incapable of taking care of his person or administering his estate due to a mental incapacity. Who are the forced heirs?
- All three children.
- Only the 22-year-old child. (Correct answer)
- The 25-year-old and the 22-year-old.
- None of the children are forced heirs.
Correct answer: Only the 22-year-old child.
Forced heirs are descendants of the first degree who, at the time of the decedent's death, are 23 years of age or younger, or who of any age, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates. In this case, only the 22-year-old child with a permanent mental incapacity qualifies.
Question 2: A will that is entirely written, dated, and signed in the handwriting of the testator is known as what type of testament?
- Nuncupative testament.
- Statutory testament.
- Mystic testament.
- Olographic testament. (Correct answer)
Correct answer: Olographic testament.
An olographic testament is one that is entirely written, dated, and signed in the handwriting of the testator. It is subject to no other form and may be made anywhere, even out of state.
Question 3: A person dies intestate, survived by his mother, his father, and one brother. He has no spouse or children. How will his separate property be distributed?
- His parents inherit all of it. (Correct answer)
- His brother inherits all of it.
- His parents inherit one-half, and his brother inherits one-half.
- His parents inherit the usufruct, and his brother inherits the naked ownership.
Correct answer: His parents inherit all of it.
Under the laws of intestate succession, if the deceased leaves no descendants, his surviving parent or parents succeed to his separate property, to the exclusion of his brothers and sisters. If both parents survive, they inherit in equal shares.
Question 4: A testator executes a valid statutory testament. Later, they draw a single line through the entire document and write 'VOID' on the back. Is the testament revoked?
- No, revocation requires a subsequent testament or authentic act. (Correct answer)
- Yes, this constitutes a valid act of destruction.
- Only if the act of destruction is witnessed by two people.
- It is only partially revoked.
Correct answer: No, revocation requires a subsequent testament or authentic act.
Revocation of an entire testament may be express or tacit. Express revocation occurs by a subsequent testament or authentic act. Tacit revocation occurs when the testator physically destroys the will or directs its destruction; simply drawing a line through it or writing 'VOID' is generally insufficient.
Question 5: What is a key requirement for a valid Louisiana statutory testament (La. R.S. 9:2442)?
- It must be entirely in the testator's handwriting.
- It must be signed at the beginning of the document.
- It requires a notary and two competent witnesses who sign an attestation clause in the presence of the testator and each other. (Correct answer)
- It must be read aloud three times before signing.
Correct answer: It requires a notary and two competent witnesses who sign an attestation clause in the presence of the testator and each other.
The Louisiana statutory testament has specific formal requirements. The testator must sign the testament on each page and at the end, in the presence of a notary and two competent witnesses, who then sign a specific attestation clause in the presence of the testator and each other.
Question 6: For a testator to validly disinherit a forced heir, the disinheritance must be made in what manner?
- In a letter addressed to the heir.
- Verbally, in front of two witnesses.
- In one of the forms prescribed for testaments, and for one of the just causes enumerated by law. (Correct answer)
- By simply omitting the heir from the will.
Correct answer: In one of the forms prescribed for testaments, and for one of the just causes enumerated by law.
Disinheritance of a forced heir must be made expressly and for one of the specific causes listed in the Civil Code, such as cruelty or grievous injury. The disinheritance must be done in one of the forms prescribed for testaments, and the facts constituting the cause must be expressed in the instrument.
Question 7: A husband dies intestate, leaving a surviving spouse and two children from their marriage. The decedent's estate consists entirely of community property. What right does the surviving spouse have?
- Full ownership of all community property.
- A legal usufruct over the decedent's share of the community property. (Correct answer)
- One-third of the community property in full ownership.
- No rights, as the children inherit everything.
Correct answer: A legal usufruct over the decedent's share of the community property.
If the deceased spouse is survived by descendants, the surviving spouse has a legal usufruct over the decedent's share of the community property. The descendants inherit the naked ownership. This usufruct terminates when the surviving spouse dies or remarries.
Free LA-Notary Successions, Wills, and Trusts Questions and Answers
A decedent dies with three children.
One child is 25 years old, one is 28, and one is 22 and permanently incapable of taking care of his person or administering his estate due to a mental incapacity.
Who are the forced heirs?