LA-Notary Successions, Wills, and Trusts Flashcards
7 cards from real LA NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
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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?
Answer: Only the 22-year-old child.
Forced heirs are descendants of the first degree who, at the time of the decedent's death, are 23 years of age or younger, or who of any age, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates. In this case, only the 22-year-old child with a permanent mental incapacity qualifies.
A will that is entirely written, dated, and signed in the handwriting of the testator is known as what type of testament?
Answer: Olographic testament.
An olographic testament is one that is entirely written, dated, and signed in the handwriting of the testator. It is subject to no other form and may be made anywhere, even out of state.
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?
Answer: His parents inherit all of it.
Under the laws of intestate succession, if the deceased leaves no descendants, his surviving parent or parents succeed to his separate property, to the exclusion of his brothers and sisters. If both parents survive, they inherit in equal shares.
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?
Answer: No, revocation requires a subsequent testament or authentic act.
Revocation of an entire testament may be express or tacit. Express revocation occurs by a subsequent testament or authentic act. Tacit revocation occurs when the testator physically destroys the will or directs its destruction; simply drawing a line through it or writing 'VOID' is generally insufficient.
What is a key requirement for a valid Louisiana statutory testament (La. R.S. 9:2442)?
Answer: It requires a notary and two competent witnesses who sign an attestation clause in the presence of the testator and each other.
The Louisiana statutory testament has specific formal requirements. The testator must sign the testament on each page and at the end, in the presence of a notary and two competent witnesses, who then sign a specific attestation clause in the presence of the testator and each other.
For a testator to validly disinherit a forced heir, the disinheritance must be made in what manner?
Answer: In one of the forms prescribed for testaments, and for one of the just causes enumerated by law.
Disinheritance of a forced heir must be made expressly and for one of the specific causes listed in the Civil Code, such as cruelty or grievous injury. The disinheritance must be done in one of the forms prescribed for testaments, and the facts constituting the cause must be expressed in the instrument.
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?
Answer: A legal usufruct over the decedent's share of the community property.
If the deceased spouse is survived by descendants, the surviving spouse has a legal usufruct over the decedent's share of the community property. The descendants inherit the naked ownership. This usufruct terminates when the surviving spouse dies or remarries.