Frequently asked questions about Famille

"I want to adopt the child my wife had from a previous union. His biological father is deceased. Is this possible?" Notary David Ambrosiano answers your questions on the BFM Business program "Le Club du Droit / Passez-moi le notaire".

Everything depends on the wording of your marriage contract. If there is an "allotment to the surviving spouse" clause, the surviving spouse becomes the owner of the entire estate. Failing this, the estate is divided between the surviving spouse and the 2 children in accordance with the law.

Yes. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).

No. In principle, usufruct ends with the death of the usufructuary (art. 617 C. civ.). However, if the donor retains the usufruct of the donated property, it is possible to include a "reversion of usufruct" clause in the deed of donation. In this way, on the donor's death, the usufruct…

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…