Mr. Tureaud died intestate (without a will) leaving behind his wife, Mrs. Tureaud, and two adult children from a prior marriage. The couple's home was community property. Agent Delacroix is approached by Mrs. Tureaud, who wants to list and sell the home. Under Louisiana succession law and Civil Code provisions, which of the following MOST accurately describes who must sign the listing agreement and any subsequent act of sale?
Correct Answer
A) Mrs. Tureaud must sign as usufructuary, and both adult children must sign as naked owners of the deceased spouse's share.
Under Louisiana intestate succession law (La. Civil Code Arts. 880 et seq.) and community property rules, when a spouse dies intestate leaving descendants from a prior relationship, the surviving spouse receives a usufruct over the deceased spouse's share of the community property, while the deceased's children (naked owners) inherit the underlying ownership interest. The community home is owned 50% outright by Mrs. Tureaud (her own community share) and 50% subject to this split: Mrs. Tureaud holds a usufruct and the two adult children hold naked ownership over Mr. Tureaud's share. To validly list and sell the property, Mrs. Tureaud must sign as usufructuary and outright owner of her share, and both adult children must sign as naked owners to convey the full ownership interest. Agent Delacroix must ensure all parties sign.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.
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