Marcel dies intestate leaving behind his wife, Celeste, and two adult children from the marriage. Under Louisiana law, what ownership interest does Celeste receive in the community property?
Correct Answer
C) Usufruct over the deceased spouse's one-half share of community property
Under Louisiana Civil Code Art. 890, when a spouse dies intestate leaving descendants, the surviving spouse receives a usufruct over the deceased spouse's share of the community property. The children become the naked owners of that share. This usufruct lasts until the surviving spouse's death or remarriage (for legal usufruct under prior law; under current law it lasts until death unless the will provides otherwise).
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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