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KellyJ17 Asked September 2017

If a couple owns a home and the adult child is caring for them, can a provision be made in their will?

for the adult child to have usufruct rights of the house?   Are is usufruct only for the surviving spouse and  a provisional clause as to the who inherits the house would have to included in the will?

A usufruct is a right by one person over the property of another. It is similar to a life estate in common law jurisdictions, except that a usufruct can last for a specific period of time other than a lifetime. The person who owns the property is known as a naked owner (equivalent to a remainderman in a common law state).

Does anyone know what the laws are in the state of Louisiana?

pamstegma Sep 2017
If you are living there for at least 2 years, you can retain the right to occupy, but not really own the house. The Medicaid lien will remain in place. See an attorney.

freqflyer Sep 2017
Kelly, this is very complicated. I would recommend you make an appointment with an Elder Law Attorney in Louisiana.

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