I want to talk to you today about leaving the usufruct of your home to a child after the parents have passed away. I was working with a family not too long ago and they wanted the surviving spouse to have the right to live in the home for the rest of their lifetime then when the surviving spouses dies, they wanted their daughter to have the right to live in that home for the rest of her lifetime. So we set up a successive usufruct in their will. So when one spouse does, that spouse has usufruct which is very common, and then we took it a step further with a successive usufruct which means somebody that gets the usufruct after the person who you initially gave the usufruct to passes away. So the daughter is going to have a chance to live in that home for the rest of her lifetime. This family had some special reasons why they wanted to set their wills up this way. After the daughter dies, the house will be sold and all the proceeds will be divided among the family members.
So just be aware if you have a child who you want to leave the usufruct to, you can. It's called a successive usufruct. It has to be in the will and it has to be worded just right.
Paul A. Rabalais
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