Legal Question in Wills and Trusts in Louisiana
My husband of 17 years recently passed away without a will in the state of Louisiana. My stepdaughter is doing everything in her power to find some way to gain from this. Everything we have is community property. I realize I cannot sell or remarry or I would have to give her a portion of the value of the house. Can I make improvements and if she is "naked owner" isn't she responsible for half? I mean repairs, like fixing or replacing a fence. Is she responsible for any of the upkeep or expenses since she will wind up with his half anyway? Should I save paperwork?
1 Answer from Attorneys
If all the property is community and there was no will, you own half outright. You have a lifetime usufruct over his half unless you remarry. She is the naked owner of her parent's half. She is not responsible for the upkeep of the house since she gets no benefit from it at this time. You have a fiduciary responsibility to preserve the property but you would just lessen the value of your half of the asset if you did not. She cannot force you to sell at this point. You are entitled to use up all of the movable assets, it is only the immovable property that will force you to deal with her at some point.
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