Legal Question in Wills and Trusts in Louisiana
My grandmother's husband died. He left a will that named his son from a previous marriage as his sole heir, but gave her usufructary privileges. He has since come to their home and taken over $15,000 worth of tools and equipment without her knowledge or consent. As I see it, he as stolen these items. Can she call the authorities and force him to return them? Does he have any legal means to force her out of the home, or can he force her to buy out his half of their estate? And finally, can she sell some of the valuable items, such as a lawnmower, without his permission to pay for necessary repairs to the home?
1 Answer from Attorneys
A surviving spouse has the USE, usufruct, over all of the community property by law, and if the deceased spouse gave her usufruct then she gets the use of all the property included in that. So if what he took was property she received the usufruct of, then the son did indeed take something he had no right to take.
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