Legal Question in Wills and Trusts in Louisiana

Usufruct

My stepmother has usufruct over my deceased father's property with 3 houses on it. Me and my 2 brothers are the naked owners. Do we have any rights to use the property during the term (lifetime) of the usufruct? My brother is living in one of the houses and she wants to kick him out or have him pay an outrageous rent. Can she do that? Can the terms of the usufruct be revoked? What if she sells with out consent from us?


Asked on 3/16/08, 11:00 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Usufruct

Since she has naked ownership she can evict him. She cannot sell the property because she does not own it.

You and your two brothers should inventory the property and possibly have the moveables appraised so that when the usufruct ends the property is well accounted for.

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Answered on 3/16/08, 11:29 pm


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