Legal Question in Wills and Trusts in Illinois
Dear Sir.
Good afternoon (Springfield, IL time CST)
I am in need of your help.
I am a struggling father. My late father remarried, and since then passed. Prior to passing he made out his will, leaving me half of what he owned. The property is in New Orleans, La.
In 2005 as you very well may know, that Hurricane Katrina came and destoryed the city.
My mother called me moments ago, informing me that I received a letter from the City saying that I have 30 days to have that house demolished. Afterwards i can be charged $100-$500 a day until done.
In looking at my papers, my fathers wife has "Unufruct". How is this my responsibility? What's my position in this matter. I'm just an heir.
1 Answer from Attorneys
I don't know Louisiana law so the best I can do is help diagnose the situation a bit. First I think you mean "usufruct"; she has the total and exclusive right to use, occupy, rent, enjoy the property, even collect rents, etc., but can't sell or demolish....and is something like a life estate -- when she passes those rights end. But the will controls -- and she may have had obligations of upkeep and if she failed to do so the will might take usufruct away from her....And who is the other owner since you say he left you "half" -- is it your step-mom (you called her your mom so which is it)? Because she may be responsible too as part owner regardless of "usufruct". And you're not "just" an heir -- when she passes and you become entitled to possession, even if the house is gone you can possess the land (right now if the house had to come down she could still rent the land!!!). But the will may also require her to keep the place up -- and if the demolition order is based on failure to keep it up, she can be liable to you for the loss of the house, etc. So first you must take the will and a copy of the letter to a lawyer who knows Louisiana law. You should call the city and find out why the demo order unless it states why on the papers. If it's from a general order that's one thing but if it's because of failure of upkeep this may be something controlled by the will or general probate law in Louisiana. If you want to protect your property rights, and avoid a collection case because apparently the city thinks you are a record owner of the property (notwithstanding the usufruct), you need to take some action!!! Best of luck.
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