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Usufructs are also part of Louisiana's intestate law. If someone dies without a will, a usufruct may result for: The surviving spouse. If a married person with children dies without a will, the surviving spouse has a usufruct over the decedent's community property until the surviving spouse dies or remarries.
A usufruct is a legal right accorded to a person or party that confers the temporary right to use and derive income or benefit from someone else's property. It is a limited real right that can be found in many mixed and civil law jurisdictions. A usufructuary is the person holding the property by usufruct.
A usufruct may be extinguished by: (a) the death of the usufructuary, unless a contrary intention clearly appears; (b) the expiration of the period for which it was constituted or by the fulfillment of any resolutory condition provided in the title creating the usufruct; (c) merger of the usufruct and ownership in the ...
Rights and obligations of the usufructuary Cannot sell the property, mortgage it, or leave it to someone else in her will. Must ensure that the property is maintained and is not altered or damaged in any way. She must pay the property rates and general day-to-day costs of maintaining it.
Primary tabs. Usufruct is the right to use and benefit from a property, while the ownership of which belongs to another person. The person who enjoys the usufruct is called the usufructuary.
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The person who enjoys the usufruct is called the usufructuary. The usufructuary shall maintain the property as a responsible owner and shall not cause damage to or diminution of the property, except where the property is subject to natural depletion over time.
Usufruct is terminated by the death of the usufructuary. In the case of co-usufructuaries, upon the death of one of them, the jus accrescendi comes into operation; his share accrues to the remaining usufructuaries.
The Supreme Court says: Also, in one case, a usufruct which arises from parental authority may be terminated or extinguished upon emancipation of the child or loss of parental authority as in the case of Anulina L. Vda.
The right of the life tenant to use and enjoy the property during the term of the life estate is called the usufruct. Any action by the life tenant that reduces the value of the property is called abusus. These terms aren't that important, but if you get comfortable using them you will sound very smart.
The Louisiana Usufruct is a form of ownership that no other state has. It is designed to make assets available to another (perhaps a surviving spouse) while preserving the rights of the naked owners (typically, the children. But many families don't like the application of the Louisiana usufruct laws.

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