Legal Question in Wills and Trusts in Louisiana

Succession
I am the only child of the marriage of Raymond and Irma Hartman. He passed in 1997 at which time they were both married. My Mom regain the use of her home until the hurricane in August, of 2005. A succession was never done. My Mom now wishes to sell her damaged home to the Louisiana Road Home; therefore, a Succession must be done to allow for the sale to take place. My Mom has already purchased another home in her name from her insurance proceeds. Because a sale will take place does that mean that the usufruct will be broken and I as the only heir will have the right to my father's share of the property that was damaged in the hurricane. My Mom is 84 and has cancer, so this is more of an estate planning question as I consider her future medical need and care.

Asked on 6/17/08, 7:23 pm

James Maguire James G. Maguire, Attorney At Law

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Re: Succession

The usufruct will attach to the proceeds of the sale. The usufruct does not terminate with the sale.

Answered on 6/17/08, 8:04 pm

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