My question involves an estate in the State of: Louisiana
A wife dies back in 1989 (26 years ago) , leaving her husband lifetime usufruct.
The Heirs are as follows:
Her only son was left 1/2 of her community assets.
3 grandchildren were left the other half to be divided equally.
Within the deceased wifes will, were 3 certificates of deposit that were titled in her name OR one of the grandchildren. Example " Rita Hollingsworth OR Jeffery Hollingsworth III"
The usufructuary ( the surviving spouse) of course had use of these consumables and owned 1/2 of them. The CD's as a whole were valued at 100,000.00
One month later, the usufructuary gave, by manual gift, the three CD's to Jeffery Hollingsworth III.
Here they are yours.
In 1996, the usufructuary adds Jefferys name as an heir, AND the other three heirs names to an account vested in stocks and bonds , valued at 200,000.00. Same split. 1/2 for the only son, the other half for the three grandchildren ( Jeffery is a grandson)
26 years later the usufructuary dies.
The only son, claims that Jeffery already got his inheritance 26 years ago when the usufructuary gave him the CD's valued at 100,000.00
The executor to the the wifes will says , woah wait a minute.........he gave those cd's to Jeffery...........jeffery isnt responsible for that, furthermore if your father thought Jeffery had already gotten his inheritance , then why did he add his name to 200,000.00 worth of stocks and bonds 7 years after he gave him the cd's?
He then goes on to tell the only son, " If anyone is responsible for this, your fathers estate has to pay back your mothers estate because your father was the usufructuary and was responsible for his actions. He furthermore tells him, that as usufructuary, he certainly was within his rights and could give away said cd's since they are indeed consumables and half of them belonged to him anyway.
To make a long story short, Jefferys father wants him cut out of his grandmothers will.
what do you guys think?
- - - Updated - - -