Legal Question in Family Law in Louisiana
My mother passed away 5 months ago, and my father has another woman in the home that my mother and he shared. Is there something that I can do?
Asked on 10/29/11, 7:52 pm
1 Answer from Attorneys
Nick Pizzolatto, Jr.
Pizzolatto Law Office
Assuming the home was purchased during your parents' marriage, there is nothing you can do. Your father owns 1/2 of his own right and use of the other 1/2. Concerning your mother's 1/2, if she had no will then the children get her 1/2 divided equally, but subject to your father's use (usefruct). If your mother had a will and all children are over 23 yoa and mentally competent and she gave it all to your father, then he owns 100%. Even if she gave her 1/2 to someone else, it would still be subject to your father's usufruct.
Answered on 10/30/11, 8:46 am