Legal Question in Wills and Trusts in Louisiana

Re: Widow wants to exercise usufructuary privileges and sell home

First, I do not see how you are going to be able to sell the house unless and until you file a succession in court, getting a judgment of possession naming you as usufructuary, naming your minor son as a forced heir and recognizing your stepsons as other heirs to your husband's estate.

You can sell the house during the course of the succession, with court approval, at a private sale. You will probably need affidavits from each grown heir, notarized with two witnessess, indicating their knowledge and approval of the sale. The proceeds would then be distributed according to the court's judgment--probably dividing the proceeds among your two grown stepsons and your minor son and you (for your 1/2 interest in the house).

Or, once everyone is placed into possession by the Judgment of Possession (i.e., when the succession is complete) you and your stepsons could sell the property afterwards. They would still need to sign the Act of Sale and other various transfer-related documents and they would still be entitled to their portion of the proceeds.

I do not think you will be able to sell the house and hold on to ALL of the sale proceeds just because you have a usufruct as surviving spouse--UNLESS the two grown stepsons have no objections and agree to that (by notarized affidavit before two witnesses). I believe that your usufruct entitles you to continue to live in the house as long as you need to or wish to (unless you re-marry) but I do not believe that you will be entitled to hold on to all of the cash if the house is sold UNLESS the two grown sons agree and have no objections to that. Have you talked with them about this?

Good luck...