This is a Louisiana question: I am working with my attorney on usufructary accounting on my mother's succession. We are calculating the debt of the naked owners to the usufructuary for the mortgage loan payments (one naked owner owns 1/4 and the other owns 3/4 of the home) regarding reimbursement of the mortgage loan payments to the usufructuary. I have a question on this article:
Art. 592. Return of capital; payment of interest.
When the usufructuary advances funds needed for the discharge of the debts of the succession, he shall be reimbursed without interest at the end of the usufruct. When the usufructuary does not make such an advance, the universal successor may make the necessary advance, for which the usufructuary shall pay interest during the period of the usufruct, or sell a part of the property subject to the usufruct.
Acts 1976, No. 103, §1
I have a question on the "without interest". The usufructuary paid the mortgage payments with interest. Should the naked owners reimburse the usufructuary only on the principal balance or the total amount of the monthly payment?
Or, does this mean, that the usufructuary cannot charge interest on top of the amount of the total of the payments that was already paid?
Art. 592. Return of capital; payment of interest.
When the usufructuary advances funds needed for the discharge of the debts of the succession, he shall be reimbursed without interest at the end of the usufruct. When the usufructuary does not make such an advance, the universal successor may make the necessary advance, for which the usufructuary shall pay interest during the period of the usufruct, or sell a part of the property subject to the usufruct.
Acts 1976, No. 103, §1
I have a question on the "without interest". The usufructuary paid the mortgage payments with interest. Should the naked owners reimburse the usufructuary only on the principal balance or the total amount of the monthly payment?
Or, does this mean, that the usufructuary cannot charge interest on top of the amount of the total of the payments that was already paid?
