Legal Question in Wills and Trusts in Louisiana
Husband passed away leaving me all the community property acquired in our 2 year marriage in his will. He also left me usufruct of his home until death of remarriage. The will also states that when the family home is sold, I get 50%, his two children get 20% each and my two children recieve 5% each. Does that mean that I will have usufruct over the full amount of the house sell money or I have to distribute it out when it sells? I know Louisiana law allows for the surviving spouse usufruct until death or remarriage, but I am interpreting wrong undoubtedly. Help! Confused.
2 Answers from Attorneys
It sounds like you would have the usufruct over the 1/2 of the proceeds of the sale of the home, until death or remarriage, being the owner of an undivided 1/2 as the community survivor, and the usufructuary over the other 1/2 interest.
I am not sure that you would get the usufruct of the proceeds of the sale. I have not seen the will so this is based on what you said. You have the usufruct until re-marriage under the law without it being in the will. Since he put until death or remarriage, then you got nothing extra. you got what the law allows without a will. Since he specifically states that upon the sale of the home certain persons get a certain percentage, it appears to me that he did mean the usufruct to apply to the home but NOT to apply to the proceeds of the sale of the home.
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