Frequently asked questions about Famille

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We are married and have no children. When I die, will my husband inherit my property even though we are married under the separation of property regime?

Yes. When a person dies without descendants, their surviving spouse is entitled to inherit their estate, either alone or in concurrence with the deceased's father and mother (according to articles 756 and 757-1 of the Civil Code). Civil law defines the 'successor' spouse as the surviving, undivorced spouse of the…
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My cousin passed away. She was married but separated from her spouse. She had no children, no siblings and her parents passed away as well. In her will, she bequeathed all of her real estate to me. My notary tells me that if I give up (...)

... her property will revert to her spouse. Is it correct? Yes . Renunciation of a bequest has the effect of rendering the testamentary disposition null and void (art. 1043 C. civ.). The devolution of inheritance then takes place as if this provision had never existed. Since your cousin has…
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My father owned and operated a farm. My brother participated in this activity without being paid but received the profits from the exploitation. Can he claim a deferred salary as part of our father's estate?

No. To be able to benefit from a deferred salary claim, the descendants of the deceased farmer must be over the age of 18 and participate directly and effectively in the operation. However, they must not have been associated with profits and losses, nor received salaries in cash (L.321-13 C…
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My husband has passed away. As part of his support obligation, he paid his parents a sum every month to help them pay for their retirement home (EPHAD). Will I have to continue paying it?

It depends. The law stipulates that daughters-in-law and sons-in-law are obliged to help their parents-in-law materially and financially as part of the obligation to provide support (art. 206 C. civ.). The death of your husband does not terminate this obligation (Lyon Jan. 25, 1967). On the other hand, if you…
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My father is experiencing serious financial difficulties. We have been estranged for 20 years. Can he ask me for financial support?

Yes. Article 205 of the Civil Code provides for a maintenance obligation towards parents or other ascendants who are in need. However, Article 207 of the Civil Code provides an exception: the judge may relieve the debtor of this obligation if the creditor has seriously failed in their own obligations…
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