LA Bar Wills Trusts and Estates 2

Question 1

Under Louisiana law, which persons qualify as forced heirs?

Accepted Answer

Children under 24 years old and children of any age who are permanently incapacitated

Answer

Louisiana forced heirship applies to children under 24 at the parent's death and to children of any age who are permanently incapacitated.

Question 2

What fraction of the estate constitutes the legitime when a decedent leaves exactly one forced heir?

Accepted Answer

One-fourth

Answer

The legitime for one forced heir is one-fourth of the decedent's estate under Louisiana Civil Code Article 1495.

Question 3

When a decedent leaves two or more forced heirs, what is the total legitime?

Accepted Answer

One-half of the estate

Answer

When there are two or more forced heirs, the collective legitime is one-half of the estate.

Question 4

Which of the following is a recognized 'just cause' for disinheritance of a forced heir under Louisiana law?

Accepted Answer

The child struck or attempted to strike the testator

Answer

Striking or attempting to strike a parent is one of the enumerated just causes for disinheritance under Louisiana Civil Code Article 1621.

Question 5

When donations exceed the disposable portion and impinge on the legitime, which category of donation is reduced first?

Accepted Answer

Testamentary dispositions (donations mortis causa)

Answer

Under Louisiana law, testamentary dispositions (donations mortis causa) are reduced before inter vivos donations when the legitime is impinged upon.

(LA Bar) Louisiana Bar Exam Practice Test