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Do Mom’s Heirs Get Money When Dad (With Lifetime Usufruct) Sells Home?

We get this question often. Here's the situation. Mom dies with a last will and testament leaving Dad the lifetime usufruct of her estate, and naming her children as the naked owners. Dad then decides to sell the family home. Do Mom's kids get any of the money from the sale?

No. They don't. Dad's usufruct will continue over the proceeds of the sale. Mom's kids may have to sign to allow the sale to take place, but they are not entitled to any sale proceeds.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

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