Question juridique clé
Whether the appellant’s inherited share of CHF 115,788 is to be counted as assets and income for EL despite the mother’s lifelong usufruct.
Solution extraite
No. The inherited share is fully burdened by a lifelong usufruct in favor of the mother and therefore cannot be treated as the appellant’s asset or generate attributable income for EL purposes.
Motifs extraits
The inheritance inventory, approved by the KESB, clearly established the usufruct under the inheritance contract. The case differs from the cited precedent because the burden here was proven. A usufruct over the whole estate excludes asset attribution to the bare owner; only the usufruct’s yield is income of the usufructuary.