Sister wants to cheat Mom

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    • #3466

      After Dad dies, two brothers and a sister inherit the home subject to Mom’s usufruct.

      Mom wants to sell the house and downsize. The two brothers are fine with Mom getting the proceeds of the sale so she can get her money and find a new house (smaller).

      However, daughter refuses and wants her share from the proceeds. She say it is “her” money coming from Dad’s half of the estate and that Dad would have wanted her to get her share now -not after Mom dies.

      No will, by the way.

      Can she do this?

    • #3473

      Probably so. The “No will, by the way” is the problem here. With a will, someone can specify what happens with a usufruct in this situation. For example, the will can specify that the usufruct follows to any new home purchased. If that had been done, the daughter would not be able to demand her share.

      There are other things that can be done as well. Even if there is no will, the mother (or daughter) can request that a bond be put up to protect the daughter’s interest. Depending on the judge feels, there is no reason that bond cannot be backed up with an interest in the new house instead of some other asset. That would leave the mother being able to downsize and not have to liquidate.

      These things take some outside-the-box thinking.

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