Frequently asked questions about Famille

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My partner to whom I was not married has passed away. He had entered into a mandate for future protection and appointed our daughter as mandatary. This convention has never been implemented. Can my daughter invoke it to settle the estate on her own?

No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…
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Years ago, my mother remarried, and her husband adopted me (simple adoption). I’d like to give them both some money. I know my mother has a tax allowance. Does my stepfather benefit from one too?

No. For tax purposes, a simple adoption does not create a donation or inheritance tax allowance for the adopter (Art. 786 CGI), with few exceptions, which apply only to the adoptee. Therefore, your stepfather will pay 60% tax on the full amount (Art. 777, IV CGI).
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I am married under the community property regime. My husband acted as guarantor for a friend. That friend has now defaulted, and my husband is being called upon to honour the guarantee. Can the creditor seize my income?

No. The law provides that when one spouse acts as guarantor without the express consent of the other, only their personal assets and income are liable. Therefore, if you did not sign the guarantee agreement, your earnings and salary cannot be seized (Article 1415 of the French Civil Code).
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My brother is in need. Our parents are deceased and he's not married with no children. Our relationship is very bad. Am I obliged to help him?

No. The French Civil Code does not provide for an obligation to provide support between brothers and sisters. However, the courts do recognize the existence of a natural obligation: this means that your brother in need cannot force you to help him, but that you can help him voluntarily. However…
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