Legal Question in Wills and Trusts in Louisiana

Situation:

My father passed away in 2005. His succession was completed shortly thereafter. My mother was granted usufruct of all community property, including the house. We (my siblings and I) moved Mom to Lafayette so she would be closer to her children and easier to look after. Now we want to sell the house her and Dad had together. Our intention is that the sales proceeds from the house be available for her to use, if necessary, and if not needed shall be distributed at a later date, upon her death.

Questions:

Does her usufruct right �attach� to the sales proceeds of the house?

Should any of the heirs be uncooperative, can a court order be obtained to authorize the sale? If yes, how?

Thanks,

Dennis Leger

email: [email protected]


Asked on 4/30/15, 7:49 am

1 Answer from Attorneys
Charlton Ogden Taggart Morton, LLC

Dennis: the proceeds from the sale of the home would normally attach to the usufruct, but it will likely take all of the naked owners (your siblings) to appear on the act of sale, unless your father's will (and resluting judgment of possession) provides for the ability of the usufructuary to sell nonconsumable property subject to the usufruct. If you have any further questions, please feel free to contact me

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Answered on 4/30/15, 8:45 am


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