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#2083657 - 06/15/16 08:14 PM Usufruct deposit accounts
Daisy Doodle Offline
Diamond Poster
Joined: Feb 2014
Posts: 1,030
Southern U.S.
Do other Louisiana banks attempt to restrict access to the funds in any way, or do we decide no duty to monitor for the naked owner? For example, we could require the funds to be placed in a CD so only interest goes to the usufruct. We don't do this and have no restrictions at all on the account. Is this normal practice?

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#2086146 - 06/30/16 05:01 PM Re: Usufruct deposit accounts Daisy Doodle
Shondra Offline
Member
Joined: Apr 2014
Posts: 89
The bank does not have to monitor the funds in the Usufruct account. The usufruct has full access to the funds for their use until death or remarriage (person with Usufruct will normally be the decedent's spouse, and Usufruct terminates at remarriage or death, whichever occurs first). Normally a bank does not open a Usufruct account without a court order or requirement listed in the Judgment of Possession. If you don't already have one, I would suggest getting a Louisiana Deposit Manual from get technical, inc. There is a lot of Louisiana specific information about deposit accounts in the manual.

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