FREE LA-Notary Successions, Wills, and Trusts 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?

Accepted Answer

Only the 22-year-old child.

Answer

All three children.

Answer

The 25-year-old and the 22-year-old.

Answer

None of the children are forced heirs.

Question 2

A will that is entirely written, dated, and signed in the handwriting of the testator is known as what type of testament?

Accepted Answer

Olographic testament.

Answer

Nuncupative testament.

Answer

Statutory testament.

Answer

Mystic testament.

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?

Accepted Answer

His parents inherit all of it.

Answer

His brother inherits all of it.

Answer

His parents inherit one-half, and his brother inherits one-half.

Answer

His parents inherit the usufruct, and his brother inherits the naked ownership.

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?

Accepted Answer

No, revocation requires a subsequent testament or authentic act.

Answer

Yes, this constitutes a valid act of destruction.

Answer

Only if the act of destruction is witnessed by two people.

Answer

It is only partially revoked.

Question 5

What is a key requirement for a valid Louisiana statutory testament (La. R.S. 9:2442)?

Accepted Answer

It requires a notary and two competent witnesses who sign an attestation clause in the presence of the testator and each other.

Answer

It must be entirely in the testator's handwriting.

Answer

It must be signed at the beginning of the document.

Answer

It must be read aloud three times before signing.

Question 6

For a testator to validly disinherit a forced heir, the disinheritance must be made in what manner?

Accepted Answer

In one of the forms prescribed for testaments, and for one of the just causes enumerated by law.

Answer

In a letter addressed to the heir.

Answer

Verbally, in front of two witnesses.

Answer

By simply omitting the heir from the will.

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?

Accepted Answer

A legal usufruct over the decedent's share of the community property.

Answer

Full ownership of all community property.

Answer

One-third of the community property in full ownership.

Answer

No rights, as the children inherit everything.

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?

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?