LA Bar Civil Law 4

Question 1

Under Louisiana intestate succession law, if a decedent dies leaving a surviving spouse and two children, how is the estate distributed?

Accepted Answer

Children inherit the entire estate; spouse takes a usufruct over community property

Answer

Spouse takes all; children inherit nothing without a will

Answer

Spouse and children share equally

Answer

Spouse takes one-half; children divide the remaining half

Question 2

Which of the following is a 'forced heir' entitled to a forced portion under Louisiana law?

Accepted Answer

A child under 24 years of age or permanently incapacitated

Answer

Any child of the decedent regardless of age

Answer

A surviving spouse who was married for at least 10 years

Answer

A dependent parent of the decedent

Question 3

Under Louisiana matrimonial regimes law, what is the legal effect of a matrimonial agreement executed before marriage?

Accepted Answer

It establishes the spouses' property regime and is enforceable if in authentic act form

Answer

It is void unless approved by a family court judge

Answer

It only takes effect if children are born of the marriage

Answer

It must be recorded in the parish mortgage records to be valid

Question 4

Under the Louisiana community property regime, which of the following assets is classified as the separate property of a spouse?

Accepted Answer

Property inherited during the marriage

Answer

Income earned during marriage

Answer

A bonus paid by the employer during marriage

Answer

A home purchased with community funds during marriage

Question 5

In Louisiana, a testament (will) that is entirely handwritten, dated, and signed by the testator is known as a:

Accepted Answer

Olographic testament

Answer

Notarial testament

Answer

Statutory will

Answer

Mystic testament

Question 6

Under Louisiana filiation law, what is the legal presumption regarding a child born during a marriage?

Accepted Answer

The child is presumed to be the child of the husband

Answer

The child is presumed to be the child of the mother only

Answer

Paternity must be established by DNA testing

Answer

The child has no presumed father unless acknowledged

Question 7

Under Louisiana succession law, 'collation' refers to the obligation of a successor to:

Accepted Answer

Return to the mass of the succession the value of donations received from the decedent

Answer

Pay estate debts proportionate to the inheritance received

Answer

Contest the validity of a testament within the prescriptive period

Answer

Notify all other heirs of the succession opening