Legal Question in Wills and Trusts in Louisiana
Successions & Trust
My husband died February, 2007. We have one minor daughter. I am going through a succession because I want to sell the home and property (which is all we own and owe). My question is, will my daughter have a trust, how much is her portion, and will I be incharge of the trust. I was planning to put the proceeds of the property on another home for us.
1 Answer from Attorneys
Re: Successions & Trust
Unless your husband wrote a will your daughter is the "naked owner" of your husband's half-interest in the community property. This ownership is subject to your usufruct (which is similar to a life-estate in other states) which expires on your death or remarriage. You may need the Court's permission to use the money but purchasing a home would probably be permitted.
Contact an experienced trusts & estates lawyer.
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