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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Does a usufruct upon the death of the usufructuary

Customer Question

Does a usufruct upon the death of the usufructuary necessarily have to be brought back to the original value of the usufruct if it consists only of money prior to distribution to the naked owners. Or can the original value of the usufruct be depleted without recourse to the fiduciary who handled the usufruct.
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Usufruct in Louisiana means a person can USE the fruits. In the case where there is only money that is subject to usufruct, if the usufructuary uses the money and spends it all, then upon their death the naked owners get only what was not used. The money used by the usufructuary is not replaced, once it is gone it is gone, as that is the whole point of usufruct to allow the person to use the fruits and if they are used up the naked owners can get nothing at all.

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