Quiz 12

Question 1

1. T died testate survived by one forced heir, X. T’s will left the naked ownership of his estate to his brother, subject to a usufruct, for life, in favor of X. X’s legitime is satisfied by the terms of the will. True or false

Answer 1

false

Question 2

2. T died testate survived by one forced heir, X. T’s will left the naked ownership of his estate to X subject to a usufruct, for life, in favor of T’s brother. X’s legitime is satisfied by the terms of the will. true or false

Answer 2

false

Question 3

3. H and W were married with two children (A and B). H died testate. H died testate leaving a usufruct over all of his property to W and the naked ownership to his children. A is a forced heir at the time of H’s death. B is not. A may demand that W post security with respect to her usufruct over community property. true or false

Answer 3

false

Question 4

4. D died testate survived by his spouse (S) and his three children. One of D’s children, Y, was a forced heir at the time of D’s death. True or false: The following asset is imputed (applied) towards satisfaction Y’s legitime.
   The proceeds of a life insurance policy insuring D’s life and payable to Y as beneficiary.
   true or false

Answer 4

true

Question 5

5. X dies leaving 3 children, A, B, and C. All three children are 23 or younger when X died. Two years before his death, X made a donation to A of $400,000. At X’s death, X’s net estate equals $80,000. X’s will left his estate to his sister, S. What is the value of each child’s legitime?

Answer 5

d. $80,000

Question 6

6. X dies leaving 3 children, A, B, and C. All three children are 23 or younger when X died. Two years before his death, X made a donation to A of $400,000. At X’s death, X’s net estate equals $80,000. X’s will left his estate to his sister, S.
   Assume that B and C demand reduction to satisfy their legitimes. How much money will S inherit from X after reduction?

Answer 6

a. $0

Question 7

7. D died testate survived by three forced heirs (A, B, and C) and other relatives. Which of the following assets (or their values) are included in aggregating D’s property for purposes of determining the value of the active mass of his estate?
   (i) Immovable (real) property owned by D
   but located in Wisconsin.
   (ii) An inter vivos donation made by D to his
   friend 2 years before D’s death.
   (iii) The proceeds of D’s 401(k) retirement
   plan that named D’s brother as the
   beneficiary.

Answer 7

a. (i) and (ii)

Question 8

8. Brutus died testate survived by three forced heirs and other relatives. True or False: the following asset is included in determining the value of Brutus’ active mass.

A certificate of deposit purchased by Brutus and titled: Brutus, POD Primrose. Primrose is his sister.
true or false

Answer 8

true

Question 10

1. T died testate survived by one forced heir, X. T’s will left the naked ownership of his estate to his brother, subject to a usufruct, for life, in favor of X. X’s legitime is satisfied by the terms of the will. true or false

Answer 10

false

Question 11

2. T died testate survived by one forced heir, X. T’s will left the naked ownership of his estate to X subject to a usufruct, for life, in favor of T’s brother. X’s legitime is satisfied by the terms of the will. true or false

Answer 11

false

Question 12

3. H and W were married with two children (A and B). H died testate. H died testate leaving a usufruct over all of his property to W and the naked ownership to his children. A is a forced heir at the time of H’s death. B is not. A may demand that W post security with respect to her usufruct over community property. true or false

Answer 12

false

Question 13

4. D died testate survived by his spouse (S) and his three children. One of D’s children, Y, was a forced heir at the time of D’s death. True or false: The following asset is imputed (applied) towards satisfaction Y’s legitime.
   The proceeds of a life insurance policy insuring D’s life and payable to Y as beneficiary.
   true or false

Answer 13

true

Question 14

5. X dies leaving 3 children, A, B, and C. All three children are 23 or younger when X died. Two years before his death, X made a donation to A of $400,000. At X’s death, X’s net estate equals $80,000. X’s will left his estate to his sister, S.
   What is the value of each child’s legitime?

Answer 14

80,000

Question 15

6. X dies leaving 3 children, A, B, and C. All three children are 23 or younger when X died. Two years before his death, X made a donation to A of $400,000. At X’s death, X’s net estate equals $80,000. X’s will left his estate to his sister, S.
   Assume that B and C demand reduction to satisfy their legitimes. How much money will S inherit from X after reduction?

Answer 15

0

Question 16

7. D died testate survived by three forced heirs (A, B, and C) and other relatives. Which of the following assets (or their values) are included in aggregating D’s property for purposes of determining the value of the active mass of his estate?
   (i) Immovable (real) property owned by D
   but located in Wisconsin.
   (ii) An inter vivos donation made by D to his
   friend 2 years before D’s death.
   (iii) The proceeds of D’s 401(k) retirement
   plan that named D’s brother as the
   beneficiary.

Answer 16

a. (i) and (ii)

Question 17

8. Brutus died testate survived by three forced heirs and other relatives. True or False: the following asset is included in determining the value of Brutus’ active mass.

A certificate of deposit purchased by Brutus and titled: Brutus, POD Primrose. Primrose is his sister.
true or false

Answer 17

true

Question 18

9. Brutus died testate survived by three forced heirs and other relatives. True or False: the following asset is included in determining the value of Brutus’ active mass.
   Movable (personal) property owned by Brutus but located in Texas.
   true or false

Answer 18

true

Question 19

10. T died testate survived by three children, one of whom is a forced heir. T left the entirety of his estate to his sister (S). One year before T’s death, he made an inter vivos gift to S in the amount of $200,000. Four years before T’s death, he made another inter vivos gift to S in the amount of $200,000. T’s net estate at the time of his death was valued at $200,000. What is the value of his forced heir’s legitime?

Answer 19

200,000

Question 20

11. The decedent, Scott, died testate leaving one forced heir, Frances, who is not named in his will. Scott’s will disposes of his estate as follows:
    (1) First edition of Hemingway’s The Sun Also Rises to James;
    (2) The remainder of my collection of rare books to William;
    (3) $10,000 to Henry; and
    (4) The remainder of my estate to Zelda.
    Which of the following best describes the order in which the bequests must be reduced in order to satisfy Frances’ legitime? [Though we have not covered the issue yet, you may assume that 1, 2, and 3 are all particular legacies and 4 is a universal legacy.]

Answer 20

b. (4), (3), (2), (1)

Question 21

12. Louisiana law has a default presumption in favor of collation. true or false

Answer 21

true

Question 22

13. Grandchildren who are forced heirs are entitled to demand collation. true or false

Answer 22

false

Question 23

14. W, a single mother with modest means, made several inter vivos gifts to her children in the year before her death. W had been very frugal for most of her life. W failed to dispense with collation with respect to the gifts. Assuming W is survived by at least one forced heir, which of the following gifts to her children is most likely not subject to collation.
    (i) A $20,000 diamond ring that W inherited from her mother.
    (ii) A gift of $30,000, cash.
    (iii) A gift of a $50 serving platter given as a wedding present.

Answer 23

d. (iii)

Question 24

15. T dies intestate. T was survived by two of his three children: A (22 years old) and B (28 years old). T’s son C predeceased him. C would have been 33 years old on the date of T’s death. C’s son, Q, survived T and was 11 years old when his grandfather died. Q has a severe birth defect, is permanently physically disabled, and suffers from bipolar disorder. Two years prior to his death, T gave B his Saints Super Bowl championship ring. T did not dispense with collation. Who, if anyone, is entitled to demand collation of the ring?

Answer 24

A

Question 25

16. D died intestate survived by two children (A and B), and by two grandchildren, X and Y, children of his predeceased son C. D was also survived by his sister (S). D made the following inter vivos gifts in the year before his death:

(i) Gift of immovable property to X. C was
alive at the time of the gift.

(ii) Gift of immovable property to Y. C was
dead at the time of the gift.

(iii) Gift of immovable property to S.

D failed to dispense with collation with respect to the gifts. B is D’s only forced heir. Which of the gifts are subject to a demand for collation by B?

Answer 25

b. (ii)