Legal Question in Real Estate Law in Louisiana
Death of spouse and 2 forced heirs
In the death a husband with 2 forced heirs, whose parents are both the deceased and the surviving spouse. If a piece of jointly owned property sells for 200,000, with no debt owed, how is the 200,000. divided equally among the surviving spouse and the 2 heirs.
1 Answer from Attorneys
Re: Death of spouse and 2 forced heirs
I assume there is no will. If the property is community property, the surviving spouse gets her 1/2 as her portion of the community, plus she gets a usufruct(the use) over the other 1/2. The forced heirs own the other half subject to the usufruct of the surviving spouse. If the property is sold, then technically she gets $100,000 and the use of the other $100,000. If the property was not community, then surviving spouse gets nothing and the forced heirs get it all.
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