In 2002, Mom donated her house to me, but she kept usufruct. Would removing the usufruct result in a period of disqualification (Medicaid)? - AgingCare.com

In 2002, Mom donated her house to me, but she kept usufruct. Would removing the usufruct result in a period of disqualification (Medicaid)?

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Sui - you in Louisiana? Usufruct commonly used in LA as we’re French based law not English. Especially when settling property in divorces or in wills when there’s more than 1 wf and family. The usuafruct probably not a factor as it doesn’t matter till her death as long as the title on the home was changed to you. It’s (usufruct) not a true life tenancy with ownership and % remainderman $ division stuff is my not an atty understanding. If you changed paperwork at courthouse and parish & assessor bills to you, it should be ok. But you should check with an atty to get a definite answer.

My hubs had usufruct on a property he owned with 1st wife. Usufruct to her till her death. It went away when he sold it with NOTHING to her as the usufruct has no ownership share like what the remainder man in a Life Estate does. Usufruct is more about an intent. Where I’ve seen it used a lot is with vacation & 2nd homes where dad tell kids from first marriage that he’s leaving them the been in the family forever coastal camp BUT puts a usuafruct in his will for use of it for the current wife (which kids may not like) ..... so in order for kids to get her gone they have to buy her out or she gets to use it till forever. It gives her an edge in negotiations.
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Reply to igloo572
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Google says it is the same as/similar to a life tenancy
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Reply to cwillie
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OK, I'll ask,, what is usufruct?
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Reply to pamzimmrrt
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