We get loads of questions about the Louisiana usufruct. What makes the usufruct confusing is that it exists only in Louisiana, so there is not as much information out there as there would be if the term was used nationally.
Let's test your usufruct knowledge with an example. Let's say that Dad died without a Will so Mom inherited the usufruct of all of Dad's community property. Of course Mom retained ownership of her one-half of the community property. When Dad died in 2004, he and Mom owned a Mercedes convertible worth $40,000. Mom continued to drive the convertible after Dad's death. Frustrated by rising fuel prices, Mom sold the convertible in 2008 for $15,000 and bought a Harley for $20,000. In late 2008, Mom married Biker Boy.
Dad's children are upset that Mom married Biker Boy. What, if anything, can the children require from Mom?
If you guessed $7,500, you are correct. When Mom sold the Mercedes, she converted a nonconsumable (vehicle) to a consumable (cash). Since Mom owned the usufruct of Dad's one-half of the Mercedes, she is required to pay his children one-half of the sales proceeds, but she doesn't have to pay them until she remarries, which is when her intestate usufruct terminates. She doesn't have to pay them when she sells the vehicles because her usufruct attaches to the proceeds of the sale.
Have questions about a Louisiana usufruct? Feel free to e-mail me at paul@rabalaislaw and I'll do what I can to help. Write in the Subject line: "Usufruct Question," and I'll be happy to take a look at it and respond.
Paul Rabalais
mean I just read through the entire article of yours and it was quite good but since I'm more of a visual learner,I found that to be more helpful.
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