KellyJ17 Asked September 2017
If a couple owns a home and the adult child is caring for them, can a provision be made in their will?
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for the adult child to have usufruct rights of the house? Are is usufruct only for the surviving spouse and a provisional clause as to the who inherits the house would have to included in the will?
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. The person who owns the property is known as a naked owner (equivalent to a remainderman in a common law state).
Does anyone know what the laws are in the state of Louisiana?
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2 Answers
pamstegma Sep 2017
If you are living there for at least 2 years, you can retain the right to occupy, but not really own the house. The Medicaid lien will remain in place. See an attorney.
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freqflyer Sep 2017
Kelly, this is very complicated. I would recommend you make an appointment with an Elder Law Attorney in Louisiana.
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