Quiz 11

Question 1

1. In most American states, what types of laws offer some protection to children from being unintentionally disinherited by their parents?

Answer 1

pretermitted heir statutes

Question 2

2. Forced heirship is protected by the Louisiana Constitution. true or false

Answer 2

true

Question 3

3. T died survived by his children A and B. Both A and B are fully capable of caring for themselves and their estates. A was 25 on the date of T’s death. B was 23 on the date of T’s death. T was also survived by his grandchild, X, child of his predeceased child C. C was the youngest of T’s children. How many forced heirs does T have?

Answer 3

2

Question 4

4. T died testate leaving the bulk of his estate to his spouse (S). T was survived by 5 children, one of which is a forced heir. What portion of T’s estate is his forced heir entitled to as his legitime?

Answer 4

1/5

Question 5

5. What is the minimum form required for a valid disinherison?

Answer 5

d. It must be in the form of a testament.

Question 6

6. T has one forced heir, F. T wants to disinherit F. Which of the following is a valid basis for T to disinherit F?

Answer 6

a. F physically assaulted T in an effort to prevent T from executing a testament.

Question 7

7. T executed a valid testament expressly disinheriting his son (S), a forced heir. Now that T is dead, S wants to challenge the disinherison on the grounds that the facts described as the basis for disinherison are incorrect. Which of the following best describes the burden of proof for S’s action?

Answer 7

a. The disinherison is presumed correct. S may rebut the presumption by a preponderance of the evidence.

Question 8

8. The marital portion is somewhat analogous to the ______ seen in other American jurisdictions.

Answer 8

c. elective share statutes

Question 9

9. The marital portion may be waived or modified by premarital agreement. true or false?

Answer 9

false

Question 10

10. A surviving spouse’s right to bring a claim for the marital portion prescribes in ____ from the date of the deceased spouse’s death.

Answer 10

3 years

Question 11

11. D died intestate survived by his spouse (S), and his two children. D owned substantial separate property. S and D had very little community property and S had little separate property of his own. Assume that the disparity between S and D is sufficient for S to claim a marital portion. Which of the following best describes the portion of D’s estate that S is entitled to as a marital portion?

Answer 11

c. 1/4 of D’s estate in usufruct.