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Usufructs and Naked Ownership Under Louisiana Law A usufruct is a right by one person over the property of another. It is similar to a life estate in common law jurisdictions, except that a usufruct can last for a specific period of time other than a lifetime.
Louisiana Law: Usufruct & Estate Planning A usufruct commonly lasts until the death of the person who receives the right, though it is possible to appoint a specific date or duration for the right.
When property subject to usufruct is sold or exchanged, whether in an action for partition or by agreement between the usufructuary and the naked owner or by a usufructuary who has the power to dispose of nonconsumable property, the usufruct terminates as to the nonconsumable property sold or exchanged, but as provided ...
The use of an experienced attorney is desirable in this area. There are all kinds of complications that can arise. In all intestate successions, the code requires that the potential heir or heirs present to the appropriate district court certain pleadings.
This usufruct that Louisiana Succession Law provides for a surviving spouse is not automatically given for life, but instead, terminates when the surviving spouse dies or remarries, whichever occurs first.