The spouse is named in the will for 1/3 of the estate. Does this mean the spouse would have 1/3 use of the property? The spouse filed to open succession two years ago in hopes of getting a judgment of possession but nothing has happened since succession was filed.
Not sure what you mean by "the spouse opened succession two years ago?" If your husband or wife is the spouse then the property would be his or her separate property and you would not have usufruct over it. Good luck.
Disclaimer: This answer does not constitute legal advice to establish an attorney client relationship. I am admitted in the states of Louisiana, Mississippi and the District of Columbia only. I make no attempt to issue opinions on matters of law that may be applicable to other jurisdictions other than to the states in which I am admitted to practice. Advice is based on general principles of law that may or may not relate to your specific situation in your specific jurisdiction and solely upon the written question presented. You should not rely on this advice alone. Nothing in these communications creates an attorney client relationship as each state that I am admitted has specific requirements for the establishment of an attorney client relationship. You should seek the advice of legal counsel in your respective jurisdiction for a more complete answer.
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