Opelousas, LA asked in Estate Planning and Real Estate Law for Louisiana

Q: Does a usufruct have the right to sell or remove furniture or outdoor buildings from the house he has usufruct of.

My step fathers children are removing furniture and outdoor buildings from a house we inherited from our mom. My step father has usufruct of her house.

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

A: It depends. You will need to look at the Will, if any, terms and the end Judgment. A legal usufruct may be provided to the surviving spouse as to all former community property - both movable and immovable. But, as to the outdoor building, I am not sure, based on limited info, if that would be considered an "immovable." With a legal usufruct, a usufructuary cannot dispose of immovable property. Now, if the usufruct was provided by Last Will, there could be either greater restrictions imposed on the usufructuary, or broader authorities - like the ability to sell/transfer/dispose. I hope that helps better direct you in proceeding.

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