Legal Question in Family Law in Louisiana
Explain Louisiana Law Re: Usufruct
**Note: Everyone involved lives in Lake Charles, LA.
My siblings and I inherited most of my late father's estate. He died 7/2005. He specified certain things be willed to his 2nd wife (who is not our mother) as well as specified usufruct. What is the estate attorney's (hired by my father prior to his death to complete his will) obligation to us as opposed to his obligation to my father's wife? There are so many things about the usufruct laws that we don't understand regarding our rights and responsibilities, that we are almost forced to believe that the attorney has been neglectful and untruthful with us. Also, can the sucession and division of property that was specifically willed to heirs (and not involved in the usufruct) commence despite the usufruct? If not, when will this be done and how can we ensure that money is not being mishandled (bank accounts, property insurance proceeds, FEMA/Road Home grants, etc) and property is not being destroyed? We do not trust this attorney, nor do we trust my father's wife.
1 Answer from Attorneys
Re: Explain Louisiana Law Re: Usufruct
You need to spend a full dollars and hire an attorney to look over the succession records which are public and can be viewed by anyone, but the attorney can check the record out and make copies etc. So, if there is substantial property, then it is worth your while to do that. It should be a fairly simple job. But basically, the usufruct of the surviving spouse attaches to anything that is community property and she can use it. If it is mentioned in the will, then it is probably for life. Anything willed to you that is free of the usufruct can be distributed immediately. That is about as basic as it is without see the succession with the will.
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