LA Notary Successions, Wills, and Trusts 2 — Questions and Answers
Question 1: Under Louisiana law, what are the two forms of valid testaments?
- Oral and written
- Olographic and notarial (Correct answer)
- Holographic and typed
- Witnessed and unwitnessed
Correct answer: Olographic and notarial
Louisiana recognizes olographic (handwritten) and notarial (before notary and witnesses) testaments.
Louisiana Civil Code Articles 1575 and 1577 establish the two valid forms. Nuncupative (oral) testaments and statutory testaments are no longer valid in Louisiana.
Question 2: What is intestate succession in Louisiana law?
- Succession that occurs when property is divided by a trust
- The rules that determine property distribution when a person dies without a valid testament (Correct answer)
- A succession handled by a federal court
- Succession of property located in another state
Correct answer: The rules that determine property distribution when a person dies without a valid testament
Intestate succession applies the Civil Code's default rules when there is no valid will.
Louisiana Civil Code Articles 880-903 govern intestate succession. The statutory order is: descendants, parents and siblings, surviving spouse, other ascendants and collaterals, and finally the state.
Question 3: Under Louisiana law, who qualifies as a forced heir?
- All children regardless of age
- Children 23 or younger, or children of any age who are permanently incapable of caring for themselves (Correct answer)
- Only the surviving spouse
- All blood relatives
Correct answer: Children 23 or younger, or children of any age who are permanently incapable of caring for themselves
Forced heirship is limited to young children and permanently incapable children.
Louisiana Civil Code Article 1493 defines forced heirs. They are entitled to one-fourth if one forced heir, one-half if two or more. This is unique to Louisiana among U.S. states.
Question 4: What is a succession representative (executor or administrator) in Louisiana law?
- The oldest surviving family member
- A person appointed to administer the estate, collect assets, pay debts, and distribute property to heirs (Correct answer)
- A bank that holds the decedent's accounts
- The attorney who drafted the will
Correct answer: A person appointed to administer the estate, collect assets, pay debts, and distribute property to heirs
The succession representative manages the estate, pays debts, and distributes assets.
Louisiana CCP Articles 3081-3396 govern succession representatives. An executor is named in the testament; an administrator is appointed by the court when there is no will.
Question 5: Under Louisiana law, what is a trust and how does it differ from the civilian tradition?
- Louisiana does not recognize trusts
- Louisiana adopted the Trust Code as a statutory exception to civilian tradition, allowing property transfer to a trustee for beneficiaries (Correct answer)
- Trusts in Louisiana are identical to common law trusts
- Only banks can serve as trustees
Correct answer: Louisiana adopted the Trust Code as a statutory exception to civilian tradition, allowing property transfer to a trustee for beneficiaries
Louisiana adopted trusts by statute, adapting the common law concept to fit within its civilian framework.
The Louisiana Trust Code (R.S. 9:1721 et seq.) was adopted in 1964. Unlike common law trusts, Louisiana trusts must comply with forced heirship rules.
Question 6: What is independent administration in Louisiana succession law?
- Administration without any court involvement
- A form of estate administration where the testament grants the executor authority to act without court approval for each action (Correct answer)
- Administration by a surviving spouse only
- Administration of estates under $100,000
Correct answer: A form of estate administration where the testament grants the executor authority to act without court approval for each action
Independent administration allows the executor to manage the estate with minimal court supervision.
Louisiana CCP Articles 3396.1-3396.18 establish independent administration. The representative may sell property, pay debts, and make distributions without court approval for routine transactions.
LA Notary Successions, Wills, and Trusts 2
Under Louisiana law, what are the two forms of valid testaments?