Legal Question in Wills and Trusts in Louisiana

Re: succession

Dear LawGuru Friend,

Yours is not a simple question, but I'll take a stab at it anyway.

First of all, I would need to know if your mother left a will. If so, then, as a lawyer, I would need to know what it provided. If not, then your father had what is Louisiana is called the "usufruct" of her half of the community property until his death or remarriage. This means that although her heirs (children) inherited her half of the community (jointly owned) property, nevertheless, her heirs (children) got only the "naked ownership" of that property, whether cash or land or whatever; and your father as the "usufructuary" would have the use of (or usufruct of, over and on) the property and income and fruits therefrom (interest, royalties, fruits and rents) during the term of the usufruct. "Usufruct" means use of the fruits of.

Secondly, if all the children are over 24 years of age, then your father can make a will and leave whatever of his property he owns at time of his death to whomever he pleases, whether children or not.

Now you say that your father owned the propery (home, I assume) before he married your mother. If so, then your mother's estate would own only a one-half interest in the improvements to the property made with community funds and joint community labor during the existence of the marriage. The same would apply to your father's interest in the home during his second marriage with your step-mother, his second wife. It appears to me that whoever finally handles this estate will have a little job of accounting, as well as a legal job.

Talk with several Louisiana lawyers about this until you get a clear understanding in your mind about it. I think most lawyers would be willing to discuss this matter with you by phone and answer your questions for no fee, just talk. I know I would. Feel free to call me if you desire. I am not so easyh to catch, but I do try to return all of my calls. My phone is (337) 478-6126; FAX 478-9933; home evenings, weekends: 479-4370. A FAX is convenient for sending questions and answers. Or write me at 3309 Common Street, Suite B; Lake Charles, LA 70601. There is more to it all than I am stating here, but this is something to think about.

Best of luck to you and your family!

Sincerly,

Hardy Parkerson, Attorney at Law

Lake Charles, LA

Re: succession

Dear LawGuru Friend,

Yours is not a simple question, but I'll take a stab at it anyway.

First of all, I would need to know if your mother left a will. If so, then, as a lawyer, I would need to know what it provided. If not, then your father had what is Louisiana is called the "usufruct" of her half of the community property until his death or remarriage. This means that although her heirs (children) inherited her half of the community (jointly owned) property, nevertheless, her heirs (children) got only the "naked ownership" of that property, whether cash or land or whatever; and your father as the "usufructuary" would have the use of (or usufruct of, over and on) the property and income and fruits therefrom (interest, royalties, fruits and rents) during the term of the usufruct. "Usufruct" means use of the fruits of.

Secondly, if all the children are over 24 years of age, then your father can make a will and leave whatever of his property he owns at time of his death to whomever he pleases, whether children or not.

Now you say that your father owned the propery (home, I assume) before he married your mother. If so, then your mother's estate would own only a one-half interest in the improvements to the property made with community funds and joint community labor during the existence of the marriage. The same would apply to your father's interest in the home during his second marriage with your step-mother, his second wife. It appears to me that whoever finally handles this estate will have a little job of accounting, as well as a legal job.

Talk with several Louisiana lawyers about this until you get a clear understanding in your mind about it. I think most lawyers would be willing to discuss this matter with you by phone and answer your questions for no fee, just talk. I know I would. Feel free to call me if you desire. I am not so easyh to catch, but I do try to return all of my calls. My phone is (337) 478-6126; FAX 478-9933; home evenings, weekends: 478-4370. A FAX is convenient for sending questions and answers. Or write me at 3309 Common Street, Suite B; Lake Charles, LA 70601. There is more to it all than I am stating here, but this is something to think about.

Best of luck to you and your family!

Sincerly,

Hardy Parkerson, Attorney at Law

Lake Charles, LA