reglab/housing_qa huggingface dataset:
LA Civ Code art. 1415 (2021)
2021 Louisiana Laws|Civil Code|Art. 1415. Estate debts; administrative expenses

Estate debts are debts of the decedent and administration expenses. Debts of the decedent are obligations of the decedent or those that arise as a result of his death, such as the cost of his funeral and burial. Administration expenses are obligations incurred in the collection, preservation, management, and distribution of the estate of the decedent. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1416 (2021)
2021 Louisiana Laws|Civil Code|Art. 1416. Liability of universal successors to creditors

A. Universal successors are liable to creditors for the payment of the estate debts in proportion to the part which each has in the succession, but each is liable only to the extent of the value of the property received by him, valued as of the time of receipt. B. A creditor has no action for payment of an estate debt against a universal successor who has not received property of the estate. Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
LA Civ Code art. 1418 (2021)
2021 Louisiana Laws|Civil Code|Art. 1418. Successors who are creditors, order of preference

Successors who are creditors of the estate are paid in the same order of preference as other creditors. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1419 (2021)
2021 Louisiana Laws|Civil Code|Art. 1419. Rights of pursuit of creditor

When there is an administration and a creditor asserts and establishes his claim after payment has been made to other creditors or distribution of the estate in whole or in part has been made to successors pursuant to a court order, the claim of the creditor must be satisfied in the following order: first, from the assets remaining under administration in the estate; next, from the successors to whom distribution has been made; and then from unsecured creditors who received payments, in proportion to the amounts received by them, but in this event the creditor may not recover more than his share. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1420 (2021)
2021 Louisiana Laws|Civil Code|Art. 1420. Regulation of payment of debts by testament or by agreement among successors

The provisions of this Section pertaining to responsibility of the successors among themselves for estate debts do not prevent that responsibility from being otherwise regulated by the testament or by agreement of the successors. Nevertheless, the rights of creditors of the estate cannot be impaired by the testament or by agreement among the successors. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1421 (2021)
2021 Louisiana Laws|Civil Code|Art. 1421. Estate debts, charged

Unless otherwise provided by the testament, by agreement of the successors, or by law, estate debts are charged against the property of the estate and its fruits and products in accordance with the following articles. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1422 (2021)
2021 Louisiana Laws|Civil Code|Art. 1422. Debts attributable to identifiable or encumbered property

Estate debts that are attributable to identifiable property or to the production of its fruits or products are charged to that property and its fruits and products. Also, when the decedent has encumbered property to secure a debt, the debt is presumptively charged to that property and its fruits and products. The presumption may be rebutted, by a preponderance of the evidence that the secured debt is not attributable to the encumbered property. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1423 (2021)
2021 Louisiana Laws|Civil Code|Art. 1423. Decedent's debts charged ratably

Debts of the decedent are charged ratably to property that is the object of general or universal legacies and to property that devolves by intestacy, valued as of the date of death. When such property does not suffice, the debts remaining are charged in the following order: (1) Ratably to the fruits and products of property that is the object of general or universal legacies and of property that devolves by intestacy; and (2) Ratably to the fruits and products of property that is the object of particular legacies, and then ratably to such property. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1424 (2021)
2021 Louisiana Laws|Civil Code|Art. 1424. Administration expenses, how charged

Administration expenses are charged ratably to the fruits and products of property that is the object of the general or universal legacies and property that devolves by intestacy. When the fruits and products do not suffice to discharge the administration expenses, the remaining expenses are charged first to the property itself, next to the fruits and products of property that is the object of particular legacies, and then to the property itself. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1425 (2021)
2021 Louisiana Laws|Civil Code|Art. 1425. Liability of successors for contribution or reimbursement

A successor who has not received property of the estate or its fruits and products, is not liable for contribution or reimbursement. A successor who has received property of the estate, or any of its fruits or products is not liable for contribution or reimbursement for an amount greater than the value of the property or fruits or products, received by him, valued as of the time of receipt. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1426 (2021)
2021 Louisiana Laws|Civil Code|Art. 1426. Classification of receipts and expenditures in absence of controlling dispositions

In the absence of an express testamentary provision or applicable provision of law, receipts and expenditures are allocated in accordance with what is reasonable and equitable in view of the interests of the successors who are entitled to the fruits and products as well as the interests of the successors who are entitled to ownership of the property, and in view of the manner in which persons of ordinary prudence, discretion, and intelligence would act in the management of their own affairs. The compensation of the succession representative and professional fees incurred after death, such as legal, accounting and appraisal fees, shall be allocated between debts of the decedent and administration expenses in accordance with the provisions of this Article. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1427 (2021)
2021 Louisiana Laws|Civil Code|Art. 1427. Reporting and deducting as authorized by tax law

Notwithstanding the provisions of this Chapter, for tax purposes the succession representative, or the successors if there is no representative, may report receipts and deduct expenditures as authorized by the tax law. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1428 (2021)
2021 Louisiana Laws|Civil Code|Art. 1428. Rights and obligations of usufructuary not superseded

This Chapter does not supersede the provisions of this Code governing the rights and obligations of a usufructuary with respect to payment of estate debts. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1429 (2021)
2021 Louisiana Laws|Civil Code|Art. 1429. Rights and obligations of income interest in trust not superseded

This Chapter does not supersede the provisions of the Trust Code governing the rights and obligations of an income interest in trust with respect to payment of estate debts. Acts 1997, No. 1421, §1, eff. July 1, 1999.
LA Civ Code art. 1467 (2021)
2021 Louisiana Laws|Civil Code|Art. 1467. Methods of acquiring or disposing gratuitously

Property can neither be acquired nor disposed of gratuitously except by donations inter vivos or mortis causa, made in one of the forms hereafter established. Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
LA Civ Code art. 1468 (2021)
2021 Louisiana Laws|Civil Code|Art. 1468. Donations inter vivos; definition

A donation inter vivos is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it. Amended by Acts 1871, No. 87; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
LA Civ Code art. 1469 (2021)
2021 Louisiana Laws|Civil Code|Art. 1469. Donation mortis causa; definition

A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor. Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
LA Civ Code art. 1470 (2021)
2021 Louisiana Laws|Civil Code|Art. 1470. Persons capable of giving or receiving

All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law. Acts 1991, No. 363, §1.
LA Civ Code art. 1471 (2021)
2021 Louisiana Laws|Civil Code|Art. 1471. Capacity to give, time for existence

Capacity to donate inter vivos must exist at the time the donor makes the donation. Capacity to donate mortis causa must exist at the time the testator executes the testament. Acts 1991, No. 363, §1.
LA Civ Code art. 1472 (2021)
2021 Louisiana Laws|Civil Code|Art. 1472. Capacity to receive, time for existence

Capacity to receive a donation inter vivos must exist at the time the donee accepts the donation. Capacity to receive a donation mortis causa must exist at the time of death of the testator. Acts 1991, No. 363, §1.
LA Civ Code art. 1473 (2021)
2021 Louisiana Laws|Civil Code|Art. 1473. Capacity to receive conditional donation, time for existence

When a donation depends on fulfillment of a suspensive condition, the donee must have capacity to receive at the time the condition is fulfilled. Acts 1991, No. 363, §1.
LA Civ Code art. 1474 (2021)
2021 Louisiana Laws|Civil Code|Art. 1474. Unborn children, capacity to receive

To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made. To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the death of the testator. In either case, the donation has effect only if the child is born alive. Acts 1991, No. 363, §1.
LA Civ Code art. 1475 (2021)
2021 Louisiana Laws|Civil Code|Art. 1475. Nullity of donation to person incapable of receiving

A donation in favor of a person who is incapable of receiving is null. Acts 1991, No. 363, §1.
LA Civ Code art. 1476 (2021)
2021 Louisiana Laws|Civil Code|Art. 1476. Minors; incapacity to make donations, exceptions

A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children. A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa. He may make a donation inter vivos in favor of his spouse or children. Acts 1991, No. 363, §1.
LA Civ Code art. 1477 (2021)
2021 Louisiana Laws|Civil Code|Art. 1477. Capacity to donate, mental condition of donor

To have capacity to make a donation inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making. Acts 1991, No. 363, §1.
LA Civ Code art. 1478 (2021)
2021 Louisiana Laws|Civil Code|Art. 1478. Nullity of donation procured by fraud or duress

A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of fraud or duress. Acts 1991, No. 363, §1.
LA Civ Code art. 1479 (2021)
2021 Louisiana Laws|Civil Code|Art. 1479. Nullity of donation procured through undue influence

A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor. Acts 1991, No. 363, §1.
LA Civ Code art. 1480 (2021)
2021 Louisiana Laws|Civil Code|Art. 1480. Nullity due to fraud, duress, or undue influence; severability of valid provision

When a donation inter vivos or mortis causa is declared null because of undue influence or because of fraud or duress, it is not necessary that the entire act of donation or testament be nullified. If any provision contained in it is not the product of such means, that provision shall be given effect, unless it is otherwise invalid. Acts 1991, No. 363, §1.
LA Civ Code art. 1481 (2021)
2021 Louisiana Laws|Civil Code|Art. 1481. Fiduciary appointment, termination

Any person who, whether alone or with others, commits fraud or exercises duress or unduly influences a donor within the meaning of the preceding Articles, or whose appointment is procured by such means, shall not be permitted to serve or continue to serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the act of donation or the testament or any amendments or codicils thereto. Acts 1991, No. 363, §1.
LA Civ Code art. 1482 (2021)
2021 Louisiana Laws|Civil Code|Art. 1482. Proof of incapacity to donate

A. A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament. B. A full interdict lacks capacity to make or revoke a donation inter vivos or disposition mortis causa. C. A limited interdict, with respect to property under the authority of the curator, lacks capacity to make or revoke a donation inter vivos and is presumed to lack capacity to make or revoke a disposition mortis causa. With respect to his other property, the limited interdict is presumed to have capacity to make or revoke a donation inter vivos or disposition mortis causa. These presumptions may be rebutted by a preponderance of the evidence. Acts 1991, No. 363, §1; Acts 2000, 1st Ex. Sess., No. 25, §2, eff. July 1, 2001; Acts 2001, No. 509, §2, eff. June 1, 2001; Acts 2003, No. 1008, §1.
LA Civ Code art. 1483 (2021)
2021 Louisiana Laws|Civil Code|Art. 1483. Proof of fraud, duress, or undue influence

A person who challenges a donation because of fraud, duress, or undue influence, must prove it by clear and convincing evidence. However, if, at the time the donation was made or the testament executed, a relationship of confidence existed between the donor and the wrongdoer and the wrongdoer was not then related to the donor by affinity, consanguinity or adoption, the person who challenges the donation need only prove the fraud, duress, or undue influence by a preponderance of the evidence. Acts 1991, No. 363, §1.
LA Civ Code art. 1484 (2021)
2021 Louisiana Laws|Civil Code|Art. 1484. Interpretation of revocation or modification

The rules contained in the foregoing articles also apply to the revocation of a legacy or testament, to the modification of a testamentary provision, and to any other modification of succession rights. Acts 2001, No. 560, §1, eff. June 22, 2001.
LA Civ Code art. 1493 (2021)
2021 Louisiana Laws|Civil Code|Art. 1493. Forced heirs; representation of forced heirs

A. Forced heirs are descendants of the first degree who, at the time of the death of the decedent, are twenty-three years of age or younger or descendants of the first degree of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent. B. When a descendant of the first degree predeceases the decedent, representation takes place for purposes of forced heirship only if the descendant of the first degree would have been twenty-three years of age or younger at the time of the decedent's death. C. However, when a descendant of the first degree predeceases the decedent, representation takes place in favor of any child of the descendant of the first degree, if the child of the descendant of the first degree, because of mental incapacity or physical infirmity, is permanently incapable of taking care of his or her person or administering his or her estate at the time of the decedent's death, regardless of the age of the descendant of the first degree at the time of the decedent's death. D. For purposes of this Article, a person is twenty-three years of age or younger until he attains the age of twenty-four years. E. For purposes of this Article "permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent" shall include descendants who, at the time of death of the decedent, have, according to medical documentation, an inherited, incurable disease or condition that may render them incapable of caring for their persons or administering their estates in the future. Amended by Acts 1981, No. 884, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 1207, §2.
LA Civ Code art. 1493.1 (2021)
2021 Louisiana Laws|Civil Code|Art. 1493.1. Children conceived through donation of gametes

  Any child conceived from the use of gametes donated by an individual shall not be deemed a forced heir of that individual, unless the individual would be an ascendant of first or second degree notwithstanding the donation of genetic material through an in vitro fertilization process.  Acts 2016, No. 495, §1.
LA Civ Code art. 1494 (2021)
2021 Louisiana Laws|Civil Code|Art. 1494. Forced heir entitled to legitime; exception

A forced heir may not be deprived of the portion of the decedent's estate reserved to him by law, called the legitime, unless the decedent has just cause to disinherit him. Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
LA Civ Code art. 1495 (2021)
2021 Louisiana Laws|Civil Code|Art. 1495. Amount of forced portion and disposable portion

  Donations inter vivos and mortis causa may not exceed three-fourths of the property of the donor if he leaves, at his death, one forced heir, and one-half if he leaves, at his death, two or more forced heirs. The portion reserved for the forced heirs is called the forced portion and the remainder is called the disposable portion.  Amended by Acts 1981, No. 442, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2020, No. 19, §1.
LA Civ Code art. 1495.1 (2021)
2021 Louisiana Laws|Civil Code|Art. 1495.1. Calculation of the legitime

  To determine the legitime of a forced heir when all forced heirs are of the first degree, the division of the forced portion is made by heads.  When representation occurs for purposes of forced heirship, the division is made by roots among those qualifying as forced heirs or being represented. Within each root, any subdivision is also made by roots in each branch, with those qualifying as forced heirs by representation taking by heads.  Nevertheless, if the fraction that would otherwise be used to calculate the legitime is greater than the fraction of the decedent's estate to which the forced heir would succeed by intestacy, then the legitime shall be calculated by using the fraction of an intestate successor.  Acts 2020, No. 19, §1.
LA Civ Code art. 1496 (2021)
2021 Louisiana Laws|Civil Code|Art. 1496. Permissible burdens on legitime

No charges, conditions, or burdens may be imposed on the legitime except those expressly authorized by law, such as a usufruct in favor of a surviving spouse or the placing of the legitime in trust. Amended by Acts 1981, No. 442, §1, eff. Jan. 1, 1982; Acts 1989, No. 788, §1, eff. July 1, 1990; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
LA Civ Code art. 1497 (2021)
2021 Louisiana Laws|Civil Code|Art. 1497. Disposable portion in absence of forced heirs

If there is no forced heir, donations inter vivos and mortis causa may be made to the whole amount of the property of the donor, saving the reservation made hereafter. Amended by Acts 1982, No. 641, §1; Acts 1985, No. 522, §1; Acts 1996, 1st Ex. Sess., No. 77, §1.
LA Civ Code art. 1498 (2021)
2021 Louisiana Laws|Civil Code|Art. 1498. Nullity of donation inter vivos of entire patrimony

The donation inter vivos shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence. If he does not do so, a donation of a movable is null for the whole, and a donation of an immovable is null for the whole unless the donee has alienated the immovable by onerous title, in which case the donation of such immovable shall not be declared null on the ground that the donor did not reserve to himself enough for his subsistence, but the donee is bound to return the value that the immovable had at the time that the donee received it. If the donee has created a real right by onerous title in the immovable given to him, or such right has been created by operation of law since the donee received the immovable, the donation is null for the whole and the donor may claim the immovable in the hands of the donee, but the property remains subject to the real right that has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property. Amended by Acts 1981, No. 645, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1.
LA Civ Code art. 1499 (2021)
2021 Louisiana Laws|Civil Code|Art. 1499. Usufruct to surviving spouse

The decedent may grant a usufruct to the surviving spouse over all or part of his property, including the forced portion, and may grant the usufructuary the power to dispose of nonconsumables as provided in the law of usufruct. The usufruct shall be for life unless expressly designated for a shorter period, and shall not require security except as expressly declared by the decedent or as permitted when the legitime is affected. A usufruct over the legitime in favor of the surviving spouse is a permissible burden that does not impinge upon the legitime, whether it affects community property or separate property, whether it is for life or a shorter period, whether or not the forced heir is a descendant of the surviving spouse, and whether or not the usufructuary has the power to dispose of nonconsumables. Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 548, §1. NOTE: Section 2 of Acts 2003, No. 548, provides that the provisions of the Act are interpretive, procedural, and remedial and apply to testaments executed on or after June 18, 1996.
LA Civ Code art. 1500 (2021)
2021 Louisiana Laws|Civil Code|Art. 1500. Forced portion in cases of judicial divestment, disinherison, or renunciation of succession rights

When a forced heir renounces his legitime, is declared unworthy, or is disinherited, his legitime becomes disposable and the forced portion is reduced accordingly. The legitime of each remaining forced heir is not affected. Acts 1996, 1st Ex. Sess., No. 77, §1.
LA Civ Code art. 1502 (2021)
2021 Louisiana Laws|Civil Code|Art. 1502. Inability to satisfy legitime by usufruct or income interest in trust only

Nevertheless, the legitime may not be satisfied in whole or in part by a usufruct or an income interest in trust. When a forced heir is both income and principal beneficiary of the same interest in trust, however, that interest shall be deemed a full ownership interest for purposes of satisfying the legitime if the trust conforms to the provisions of the Louisiana Trust Code governing the legitime in trust.  Amended by Acts 1981, No. 765, §1; Acts 1996, 1st Ex. Sess., No. 77, §1.
LA Civ Code art. 1503 (2021)
2021 Louisiana Laws|Civil Code|Art. 1503. Reduction of excessive donations

A donation, inter vivos or mortis causa, that impinges upon the legitime of a forced heir is not null but is merely reducible to the extent necessary to eliminate the impingement. Acts 1996, 1st Ex. Sess., No. 77, §1.