Legal Question in Wills and Trusts in Louisiana
Stepmother Remarried (usufruct)
My father died two years ago in his will it states she has usufruct of three properties until she either dies or get married. She got married last November. Catch this property was my fathers and a business partner-this property was not considered community. She remodeled the homes and was planning to sell-I guess til she found out through the courts the homes revert to me and my two brothers now she wants payment for the renovations. The partner was aware-we were not. Whats the statute for her to relinquish the property and in turn do we owe her. She was in the office when the attorney read the will. She never notified us of her marriage and now she wants repayment for something we didn't ask for. On one of the properties that was taken out in 2005 between my father and his partner are we liable for that as well.
2 Answers from Attorneys
Re: Stepmother Remarried (usufruct)
Usufructs are of two kinds; perfect and imperfect, and the term is rarely used. You need to have the will reviewed by an attorney to see if she was given any rights to make improvements and, if so, whether she is entitled to reimbursement.
Re: Stepmother Remarried (usufruct)
Unless there are other facts that you are unaware of or did not mention, you probably do not owe anything for the renovations. If you want to employ an attorney to assist you with getting her out of the property please fee free to call my firm.
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