Legal Question in Real Estate Law in Louisiana
When the father dies, do the children get to divide the fathers half of the the property since the mother retains half?
Asked on 4/06/12, 7:11 pm
1 Answer from Attorneys
Nick Pizzolatto, Jr.
Pizzolatto Law Office
The children become "naked owners" of the father's portion of the community property. That is, the children own the assets in name only because the mother has the usufruct, the use, of the father's half of the community property. And she can use it as she sees fit. She cannot sell anything without the naked owners' permission.
Answered on 4/07/12, 7:31 am
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