Saint Amant, LA asked in Estate Planning, Real Estate Law and Probate for Louisiana

Q: Brother inherited property from grandmother. Brother died intestate. He had 1 minor child. Minor's mother have usufruct?

Brother lived in Louisiana. Was not married to minors mother. He has 1 living sibling and both parents are living.

1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Estate Planning Lawyer
  • Mandeville, LA
  • Licensed in Louisiana

A: If your brother was not married when he passed, the nature of his property is separate and would be inherited by his children. Problems arise, when children are minors. Because the child has a natural tutor, the mother, she is ultimately going to be responsible for handling the child's inheritance. Without a Will and testamentary trust this is the end result. Still, with opening of the succession, a minor's mortgage can be filed as to the natural tutor to keep her responsible for the value due the child, and with the minor's mortgage, she should not alienate/dispose of property without prior court approval.

Douglas Lee Bryan agrees with this answer

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