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OT Lawyers: Usufruct Security ?

Posted on 1/15/19 at 8:43 am
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/15/19 at 8:43 am
Intestate; non-biological spouse; 890.

Spouse lives in the UAE and will have a usufruct over immovable, movable, consumable, and nonconsumable.

Will a company supply security for a bitch that doesn't live in the US, doesn't have assets in the US, and is unlikely to come back to the US?

Any chance that a court might order cash security for a usufructuary that is shady af and has lied to the court on multiple occasions?
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 1/15/19 at 8:44 am to
quote:

non-biological spouse


I would sure hope so. That's some Alabama shite right there
Posted by Motorboat
At the camp
Member since Oct 2007
24307 posts
Posted on 1/15/19 at 8:44 am to
Hire a lawyer. sounds complicated.
Posted by Cocotheape
Member since Aug 2015
4242 posts
Posted on 1/15/19 at 8:45 am to
Posted by High C
viewing the fall....
Member since Nov 2012
62116 posts
Posted on 1/15/19 at 8:45 am to
quote:

Usufruct


How dare you, sir.
Posted by LaBR4
Baton Rouge
Member since Sep 2005
53961 posts
Posted on 1/15/19 at 8:47 am to
Posted by wickowick
Head of Island
Member since Dec 2006
46419 posts
Posted on 1/15/19 at 8:48 am to
Outside the US? Just have her killed.
Posted by PortHudsonPlaya
Houston
Member since Jul 2017
3170 posts
Posted on 1/15/19 at 8:50 am to
Did you marry one of them Russian brides, baw?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/15/19 at 9:09 am to
quote:

Did you marry one of them Russian brides, baw?


Lithuanian.

And she got me.
Posted by Koach K
Member since Nov 2016
4818 posts
Posted on 1/15/19 at 9:12 am to
Need to read 890 very closely as I recall.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/15/19 at 11:13 am to
I just want to know if it is possible to make the security issue so onerous that the bitch will sit down with me and the translator for a conversation.

I know I wouldn't sell a policy to her in this situation, and forcing a cash security or a retarded priced bond would be fantastic.
Posted by Slagathor
Makin' jokes about your teeny tiny
Member since Jul 2007
39015 posts
Posted on 1/15/19 at 11:22 am to
quote:

Spouse lives in the UAE and will have a usufruct over immovable, movable, consumable, and nonconsumable.

Will a company supply security for a bitch that doesn't live in the US, doesn't have assets in the US, and is unlikely to come back to the US?

Any chance that a court might order cash security for a usufructuary that is shady af and has lied to the court on multiple occasions?


Sounds like you're usufricked.

Why didn't you just marry one of the uggos or fatties from Space Camp?
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/15/19 at 11:29 am to
Because they all spoke English too well, and it feels alfa as frick to charade shite into existence.

Want a sammich? Make a sammich eating action. Want her to roll a joint? Joint smoking action. Handjob?

I just point for blowjobs though.

Posted by Rouge
Floston Paradise
Member since Oct 2004
138834 posts
Posted on 1/15/19 at 11:32 am to
You done usufruct'd up now, a-a-ron
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 1/15/19 at 11:37 am to
quote:

non-biological spouse


You married a sex robot?
Posted by cajunandy
New Orleans
Member since Nov 2015
895 posts
Posted on 1/15/19 at 11:53 am to
what is your relationship to the decedent?

quote:

Spouse lives in the UAE and will have a usufruct over immovable, movable, consumable, and nonconsumable


Only if the property is community property. Separate property should go to the children or other relative if no children.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 1/15/19 at 12:22 pm to
Let's assume that I'm a non forced heir biological child of the decedent.

My stepmom will have a usufruct over the community property. Since she is not the biological mother of 6 of the heirs, we'd like her to post security; however, we are wondering if a court would ever consider a cash security in a situation where there'd be little chance of the naked owners ever getting any of the foreign and/or consumables back.

A cash security or an extremely expensive bond might be enough to get her to sit down and negotiate a manner to just distribute the property, without necessity for the usufruct/naked owner shite.

Generally speaking, could a situation ever necessitate a retardedly expensive bond or cash security for a usufruct?
Posted by cajunandy
New Orleans
Member since Nov 2015
895 posts
Posted on 1/15/19 at 1:05 pm to
quote:

My stepmom will have a usufruct over the community property.


Actually she will be the owner of half of all of the community property. She will have a legal usufruct over the other half. The heirs of the decedent will have an undivided naked ownership of his half of the community property. So how many heirs does he have? From the info provided I would guess he has more than 6. Assume ( for easy math) that your father had 10 kids, then each would have 1\10 of his half of the community property or 5% naked ownership of the entire community property estate. So if the house is worth half a million then your share would be 25,000 subject to a usufruct.

As a practical manner, generally Title companies will not write insurance and mortgage companies will not lend money to buy property that has naked owners without the naked owners agreement in writing.

quote:

however, we are wondering if a court would ever consider a cash security in a situation where there'd be little chance of the naked owners ever getting any of the foreign and/or consumables back


She is the surviving spouse and it is community property so if there is $100,000 in cash she already owns 50,000, and assuming upon her death the other $50,000 was available and you are one of 10 you get $5,000.00.
The courts are going to think that if your Father wanted you to have his half, or require her to post a large bond then he would have left a will.
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