Legal Question in Elder Law in Louisiana

Universal usufruct

Elderly couple have existing wills leaving assets their heirs as per Louisiana law subject to ''universal usufruct.'' What is difference between ''usufruct'' and ''universal usufruct?''

Question is asked in reference to medicaid situation. Wife is currently in nursing home under ''medicaid pending'' and will likely qualify under spousal impoverishment rules, but we are concerned over putting any additional assets at risk upon the death of one or the other. How does Medicaid value usufructs?


Asked on 11/20/04, 3:08 am

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

Re: Universal usufruct

I have never heard of the term "universal usufruct." That term does not appear in the Civil Code articles on usufruct. I assume that it means usufruct over all of the assets bequeathed in the wills.

I have never been able to get a clear answer to your question about whether Medicaid places a value on usufruct. Medicaid laws are Federal. Usufruct is a Louisiana Civil Law term. The Medicaid applications do not ask questions about usufruct when asking the applicant about assets. Since they don't ask, it is fair to assume that it doesn't have to be listed as an asset.

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Answered on 11/22/04, 4:37 pm


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