Frequently asked questions about Famille

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My spouse, with whom I had been living separately for several years, has just passed away. He had no children, and I have learned that he left all his assets to the Red Cross. Is this legal ?

No. Despite your years of separation, you still retain the status of "entitled spouse" (Article 732 of the Civil Code). In the absence of children, the law provides that you are entitled to at least 1/4 of his estate (Article 914-1 of the Civil Code). Therefore, you are entitled to…
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My mother has passed away. We found a video in which she stated that she is leaving all her belongings to my brother's children. Is this will valid ?

No. For a will to be valid, it must take one of the forms provided for by Article 969 of the Civil Code: holographic, authentic, or mystic, all of which require a written document. A will made on video is therefore null and void and cannot produce any effects (Reply…
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My parents divorced and each remarried. My stepmother (my father's wife) adopted me through a simple adoption. Can my stepfather (my mother's husband) also adopt me?

No. According to Article 345-2 of the French Civil Code, a person cannot be adopted by more than one individual, except by two spouses, partners in a civil solidarity pact (PACS), or cohabitees. The French Supreme Court (Cour de cassation) confirmed this in its ruling of 12 January 2011 (Case…
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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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