Louisiana Notary Matrimonial Regimes and Successions 1 Flashcards

Under Louisiana's default matrimonial regime, which of the following assets acquired during marriage is classified as separate property?

Answer: An inheritance received by one spouse from a deceased parent

Under the community of acquets and gains, inheritances received by one spouse during marriage remain that spouse's separate property, even if received after the wedding date. Wages, jointly purchased property, and income from community assets are community property.

When must a matrimonial agreement be executed to avoid requiring court approval under Louisiana law?

Answer: Before the marriage is solemnized

A matrimonial agreement executed before the marriage is solemnized requires no court approval. Agreements sought during an existing marriage require judicial authorization under La. Civ. Code art. 2329, which sets a higher procedural bar.

In a Louisiana intestate succession where the decedent is survived by a spouse and two children, what usufruct does the surviving spouse hold over community property?

Answer: A legal usufruct over the community estate until the spouse remarries

Under La. Civ. Code art. 890, the surviving spouse receives a legal usufruct over the decedent's share of community property, but that usufruct terminates upon remarriage. The naked ownership passes to the children immediately.

A Louisiana notary preparing a judgment of possession must identify heirs and legatees. Which document establishes the legal existence of a universal legatee named in a notarial testament?

Answer: The probated and executed notarial testament itself, along with a petition for possession

The notarial testament, once the court orders it executed (probated), establishes the legatee's rights. The petition for possession and the judgment of possession together transfer title. A death certificate alone does not establish legatee status.

Under Louisiana law, which of the following transactions requires an authentic act executed before a notary and two witnesses to be valid?

Answer: A matrimonial agreement establishing a separate property regime

La. Civ. Code art. 2331 requires that a matrimonial agreement be made by authentic act, which under La. Civ. Code art. 1833 requires a notary and two witnesses. This formality is mandatory for the agreement to be enforceable.

In a Louisiana succession, what is the primary purpose of a 'descriptive list' (formerly called an inventory) prepared by the notary?

Answer: To identify and value all assets and liabilities of the succession estate for distribution and creditor purposes

The descriptive list catalogues and values all succession assets and liabilities, enabling proper distribution to heirs and payment of creditors. It is a practical accounting tool — not a testament interpretation document — and protects both heirs and creditors by creating a transparent record.