Dirty siblings

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  • #4192


    My husbands dad passed in 1973, he died intestate. His mother received 1/2 of all undivided community property and usufruct for life. She never remarried or sold the house. She still resides in the same house to this day. I is in dis repair and she has not kept it up. Meanwhile she has given her youngest son POA and he has filtered life insurance policies from the succession belonging to his brothers passing them to his wife. He will not make repairs to the house and is selling things off as quickly as possible. I have learned that she will be appointing him as executor of the estate. Can’t this be called a conflict of interest? Oh and he also doesn’t reside in Louisiana.

  • #4194


    A usufruct can be legally terminated if the usufructuary is not keeping the property subject to the usufruct in good repair.

    An executor does not have to reside in LA, but would need to name a LA resident as agent to receive service of process.

    If she is appointing her son as executor of her will, then that would not be a conflict.

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