Legal Question in Real Estate Law in Louisiana

my father and mother own their home;my father died in 1986 and my mother id dying;can she give their home to any one of their 11 children or do we all own the home?


Asked on 3/03/10, 5:42 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

When dad died, the 11 children became immediate naked owners of 1/11th each in his interest which was 1/2. Therefore, they became naked owners of 1/22th each of the house subject to your mom's usufruct over the kids' interest. Mom owned 1/2 in her own right. If the youngest child is older than 23 AND no children are mentally challenged, then she can give her 1/2 interest in the house to anyone she wants, even a stranger. So, even if dad's succession was never opened, the naked ownership transferred to the 11 kids. Naked means they could not do anything with it since mom had the usufruct. So, NO, your mom cannot give away the WHOLE house.

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Answered on 3/09/10, 4:36 pm


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