Legal Question in Wills and Trusts in Louisiana

The children of the first marriage have naked ownership of the entire property and own one half outright. Your mother could leave her half to anyone she chooses. However, as this was community property from the first marriage, you may have argument that she could not leave use of the first community property to her second spouse. You should bring all the documents to an attorney to review everything.

The surviving spouse's usufruct dies when she died....however, I disagree with Ms Lucas....when your dad died, since you called her mom, I am assuming the house is the community of your parents' marriage...therefore, your mom owns 1/2 and you kids own 1/2 subject to mom's usufruct.....a granted usufruct is subject to the terms of the instrument wherein the usufruct is granted......unless the kids gave her permission to grant a usufruct after her death, then she can leave her usufruct to the next husband but only of her 1/2 interest. In fact, she could have given her the ownership of 1/2 of the house to anyone, including her next husband.