What is usufruct of the surviving spouse or parent?
Usufruct of a surviving spouse is provided for by Louisiana Civil Code Article 890, which states “If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent’s share of the community property to the extent that the decedent has not disposed of it by testament. This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first. Usufruct of a parent is provided for by Louisiana Civil Code, which states “If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive.” Usufruct is a right acquired by operation of law and not by inheritance. Succession of Marsal, 118 La 212, 42 So 778. Also, a
