Frequently asked questions about Succession

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We applied for guardianship of my father. Is it up to us to pay the guardian?

No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
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I am in joint ownership (indivision) with my brothers over a real estate property located in Corsica, following the death of our mother. I understand that if my brother buys out our shares, we may be exempt from the partition duty. Is this correct?

Reminder: The partition duty is levied by the French tax administration when co-owners agree to terminate the joint ownership by allocating the jointly owned property to one of them. Except in specific cases, this duty is set at 2.5% of the net value of the assets being divided. Answer: Yes…
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My father passed away a long time ago. My paternal grandfather has just passed away. My brother and I are his heirs. Can each of us benefit from the €100,000 tax allowance applicable to children?

No. When an heir has predeceased (in this case, your father died before his own father), his heirs represent him in the estate to be settled. For the mechanism of representation to apply, there must be a plurality of branches (in practical terms, your father would have needed to have…
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I became the usufructuary of my spouse's property upon his/her death. Do I have to declare the value of freehold assets to calculate the IFI?

No, if the dismemberment of ownership results from the option exercised within the framework of your legal rights (article 757 of the Civil Code), you only declare the value of the usufruct. This value is determined according to the scale of article 669 of the General Tax Code, according to…
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My aunt passed away. I am the only heir. I found out that she had a lot of debt and I want to renounce her estate. I am a foreign resident. Do I have to return to France to proceed with the waiver?

No. To be enforceable against third parties, the renunciation of an inheritance must be formalized with the judicial court of the last domicile of the deceased, by filing or sending a simple letter which is duly completed, Cerfa 15828*05 form. One must also attach a full copy of the death…
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