Legal Question in Wills and Trusts in Louisiana
Two sisters are part of an estate that will be settled in the near future. Sister #1 will inherit a track of land and sister #2 will inherit the usufruct of that same track of land. Can sister #2 sell the usufruct rights to anyone she desires once the estate has been settled?
Thanks in advance.
Asked on 10/28/10, 4:46 pm
2 Answers from Attorneys
Martha Amanda Mandi Lucas
Mandie Seale Lucas
Usufruct gives a person the right to live on or use the property but the ownersip belongs at least partially to someone else. The person who has Usufruct will have the duty to preserve the property. The Usufruct carries a duty which cannot be transferred, unless it is to the owner.
Answered on 11/02/10, 5:58 pm
Adam Lambert
The Law Office of Adam S. Lambert
You can lease out property over which you have a usufruct, but you can't sell it.
Answered on 11/03/10, 7:56 am
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