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re: Inheritance question
Posted on 8/4/23 at 4:56 pm to Trevaylin
Posted on 8/4/23 at 4:56 pm to Trevaylin
quote:
used to be called usufruct
I see the term usufruct comes up a lot now that I'm getting to the age where people are starting to pass. Is that a Louisiana/Civil Law term or is it common to the rest of the country?
I have been told that if you live in Louisiana, the simplest will you can do is to just leave your estate to your children, subject to an unrestricted usufruct to your spouse. My question is why wouldn't you just pass the full ownership of your estate to your spouse? Is doing the usufruct simply a means to ensure your children get your property too in the event that your spouse remarries?
1
Posted on 8/4/23 at 5:07 pm to Roscoe
quote:
Is doing the usufruct simply a means to ensure your children get your property too in the event that your spouse remarries?
That and it protects the children from if the surviving spouse decided to sell all the assets and give them to her sister or whatever and leave the kids out. Usufruct wouldnt allow the surviving spouse to sell anything, only “use” it. IE live in the house.
Granted, I’m not an attorney, and usufruct is more complex than my simple example.
This post was edited on 8/4/23 at 5:08 pm
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