Henri dies intestate, leaving behind his surviving spouse, Marie, and two adult children from the marriage. Under Louisiana's default intestate succession rules, what interest does Marie most likely receive in the community property?
Correct Answer
D) A usufruct over the deceased spouse's share of the community property
Under Louisiana Civil Code Article 890, when a spouse dies intestate leaving descendants, the surviving spouse receives a legal usufruct over the deceased spouse's share of the community property. The descendants (here, the two adult children) become the naked owners of that share. This usufruct terminates upon the surviving spouse's death or remarriage unless the naked owners consent to its continuation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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