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Daniel Solutions
Daniel Solutions, Attorney
Category: Estate Law
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Experience:  Practicing Attorney for over 20 years and College Professor for over 10 years
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I was willed some property but my mom has usufruct over it.

Resolved Question:

I was willed some property but my mom has usufruct over it. Can I sell it? I leave in Louisiana.
Submitted: 3 years ago.
Category: Estate Law
Expert:  Daniel Solutions replied 3 years ago.

Hello,
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

 

Unless the document granting the Usufruct states differently you can not sell it until the Usufruct terminates.

 

Usufruct is a real right in a property owned by another, normally for a limited time or until death. Simply stated, it is the right to use the property, to enjoy the fruits and income of the property, to rent the property out and to collect the rents, all to the exclusion of the underlying real or naked owner. The usufructuary has the full right to use the property but cannot dispose of the property nor can it be destroyed.

The naked owners may dispose of their ownership or may mortgage the property but not in any manner that will have an adverse affect on the usufructuary. The naked owner can exercise several rights but none of them can interfere in any way with the rights of the usufructuary.

A usufruct for a term terminates at the end of that term. Otherwise, a usufruct terminates at the death of the usufructuary

Customer: replied 3 years ago.

I'm going to assume I am the naked owner, correct? Can the usufruct agree to selling the property? or give me the property before she dies? Which that is the terms on the will, when she dies.

Expert:  Daniel Solutions replied 3 years ago.

Sorry for the confusion. Yes, you would be the naked owner.

The Usufruct can agree to termine their right and allow the property to flow to you before the Usufruct dies.



Edited by Daniel Solutions on 2/17/2011 at 4:04 PM EST
Customer: replied 3 years ago.
Will I owe her some of the money when the property sales.
Expert:  Daniel Solutions replied 3 years ago.
It depends on how it is done. Legally yes she is entitled to the value of the lose from not benefiting during her life but since he only has a temporary right to the enjoyment that value is not the same as an true ownership value. That amount could be determined by an accountant in your local area.
Daniel Solutions, Attorney
Category: Estate Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 20 years and College Professor for over 10 years
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