Kernrechtsfrage
Whether the father property reserved for the descendants under usufruct must be included as an asset in the EL net-asset calculation of the surviving spouse.
Extrahierter Entscheid
The father property is not an attributable asset of the usufructuary spouse and must be deducted as a liability when calculating net assets for supplementary benefits.
Extrahierte Begründung
The spouse only had usufruct over the descendants' share and could not use capital that did not belong to her. The amount was therefore a latent debt toward the descendants, not a realizable asset. This applies regardless of whether the claim was secured or only due upon the spouse's death.