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

Under Louisiana Civil Code Art. 890, the surviving spouse receives a usufruct over the decedent's share of the community property until remarriage, while the children inherit the naked ownership.

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

Louisiana Civil Code Art. 1493 limits forced heirship to children who are under 24 or who are permanently incapacitated at the time of the decedent's death.

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

Louisiana Civil Code Art. 2329 allows spouses to establish their property regime by matrimonial agreement in authentic act form before or during marriage.

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

Louisiana Civil Code Art. 2341 provides that property inherited by a spouse during the marriage is that spouse's separate property.

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

An olographic testament under Louisiana Civil Code Art. 1575 must be entirely written, dated, and signed in the testator's own handwriting.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Civil Law 4