Quiz 1

Question 1

1. A succession is a juridical person. True or False

Answer 1

b. False

Question 2

2. D (a Louisiana domiciliary) died intestate leaving movable (personal) property located in Alabama. All of D’s relatives live in Tennessee. Which state’s laws will govern the inheritance of D’s movable (personal) property?

Answer 2

Louisiana

Question 3

3. D (a Louisiana domiciliary) dies intestate leaving immovable (real) property titled solely in his name located in Alabama. All of D’s relatives live in Tennessee. Which state’s laws will govern the inheritance of D’s immovable (real) property?

Answer 3

Alabama

Question 4

4. D (a Florida domiciliary) dies intestate leaving immovable (real) property titled solely in his name located in Louisiana. All of D’s relatives live in North Dakota. Which state’s laws will govern the inheritance of D’s immovable (real) property?

Answer 4

Louisiana

Question 5

5. Louisiana has dedicated probate courts—trial courts of limited jurisdiction who have primary jurisdiction over probate matters. True or False

Answer 5

False

Question 6

6. D died this year. Which of the following items of property is/are his “non-probate” property?
   (i) Immovable (real) property located in Georgia held by D and his sibling as “Joint Tenants with Right of Survivorship”
   (ii) Immovable (real) property located in Rhode Island held by D and his sibling as “Tenants in Common”
   (iii) Immovable (real) property located in Florida held by D and his spouse as “Tenants by the Entirety”

Answer 6

b. (i) and (iii)

Question 7

7. D (a Louisiana domiciliary) died this year. Which of the following items of property are “non-probate”?
   (i) Proceeds of his life insurance policy that designates X as beneficiary.
   (ii) Proceeds of his 401k retirement plan that designates X as beneficiary. A 401k plan is a plan that is governed by a set of federal laws called ERISA.
   (iii) Funds in a Louisiana bank account held by D and X as “Joint Tenants with Right of Survivorship.”

Answer 7

a. (i) and (ii)

Question 8

8. In Louisiana, an intestate successor is called a(n) _____.

Answer 8

Heir

Question 9

9. An intestate successor inherits by particular title. True or False

Answer 9

False

Question 10

10. At common law, which of the following terms was traditionally associated with the inheritance of movable (personal) property?

Answer 10

Testament

Question 11

11. A common law state has a body of statutes titled “Of Descent and Distribution.” What types of laws are likely contained in that body of statutes?

Answer 11

d. Laws governing intestacy

Question 12

12. A small succession affidavit requires a court proceeding and judicial oversight of the succession. true or false

Answer 12

false

Question 13

13. Which of the following types of successions is usually the most expensive?

Answer 13

c. Succession subject to regular administration

Question 14

14. A succession representative is a fiduciary. To whom does he owe fiduciary duties?
    (i) the decedent
    (ii) the creditors of the decedent’s estate
    (iii) the heirs and/or legatees of the decedent’s estate

Answer 14

c. (ii) and (iii)

Question 15

15. Testate succession is to _______ as intestate succession is to ________.

Answer 15

b. executor; administrator