When the Surviving Spouse's Usufruct Ends, Is There Anything Than Can Be Done to Prevent the Naked Owner from Abusing the Inheritance?

This post addresses whether a person who owns the usufruct of an asset can prevent the naked owner from blowing the asset when the usufruct terminates.

Here's the situation. Mom dies intestate (without a last will and testament) residing in Louisiana. Dad inherits the usufruct of Mom's share of the home and the money. Because Mom dies intestate, Dad's usufruct terminates when he remarries. A few years later, Dad gets engaged but one of Mom and Dad's children has a substance abuse problem, and Dad is worried that when his usufruct terminates and child gets the funds he inherited from his mother, that son will blow the funds. Can Dad do anything to prevent the child from being able to blow the inheritance once Dad's usufruct terminates?

The short answer is that there is nothing Dad can do to prevent Son from getting and blowing his inheritance once the usufruct terminates and Dad is required to turn over assets to the naked owners. But is there anything Dad can do to prevent the naked owner from abusing the inheritance?

Well, I suppose Dad could avoid getting married. Then, the usufruct would not terminate until Dad died and, hopefully, the naked owner would not abuse the inheritance at that time, which may be many years later.

Perhaps Dad could convince the naked owner to voluntarily allow the naked owner's inheritance to be place in a trust with someone other than the naked owner as the trustee. But the abusive naked owner is not likely to agree to that.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais

Louisiana Estate Planning Attorney


Phone: (225) 329-2450