Does my father have “usufruct” of a house and property listed as separate property in my mother’s estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does my father have “usufruct” of a house and property listed as separate property in my mother’s estate?

The property was given to my mother by her mother. In my mother’s succession, the community property was listed (vehicles, bank accounts, stock, etc.) and then the land and house were listed as “separate real estate property”. My father says he has usufruct of everything and I have no say in anything concerning the house and property.

Asked on August 7, 2011 Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  It is my understanding that Louisiana's law (which follows the Napoleonic Code still so that says a lot) regarding usufructs is very complex.  So this question is really best asked to an attorney in your area.  Simply put it is my understanding that a usufruct is an ownership right - for lack of a better term - to use assets.  When the right ends then the assets return to the owners - called "naked" owners.  Now, some assets are known as "consumable" assets and "nonconsumable" assets.  Cash is consumable so if you are the usufruct of the cash assets you can own them outright so they are yours.  But the house is nonconsumable so when you pass as the owner of the usufruct pass away the naked owners own the house. But there are some issues as to what the usufruct owner can and can not do with the property (like rent or sell).  Is there a Will?  The usufruct is generally in a Will.  Please get help.  Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption