Frequently asked questions about Succession

A question ? Need help ?

My mother always lived in Martinique, but she came to the mainland for medical treatment, where she unfortunately passed away. Is it true that I have one year to file the inheritance declaration with the tax authorities ?

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).
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I am the legatee of a sum of money in the estate of a friend. I have been waiting eight months for the payment. The notary says he must wait for the children’s approval. Why?

When the deceased leaves a specific legacy (a legatee receiving precisely designated items) and has children (forced heirs), the legatee must request delivery of the legacy from them (Art. 1014 Civil Code) to take possession of the inheritance.
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My husband passed away. He had no children, was an only child, and his parents are deceased. We were married under a separation of property regime. Who is entitled to inherit?

A marriage contract governs the couple’s property during marriage, but not succession. In your case, and unless there is a will stating otherwise, the law provides that you inherit the entire estate (Article 757-2 of the Civil Code).
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My son passed away. He was married and had a daughter. My daughter-in-law opted for the usufruct of the entire estate of her late husband, which only includes money. The notary told my granddaughter that she would not receive the money ...

... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
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