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Heir

A question ? Need help ?

My father is under a notarized future protection mandate. I am the agent. He intended to make a donation but could not do so before this measure was implemented. Is it still possible ?

Yes. A future protection mandate does not prevent the protected person from disposing of their property with the assistance of their agent. However, Article 490 paragraph 2 of the Civil Code requires the agent to obtain the authorization of the guardianship judge to "perform a disposition act for free." The…
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My ex-husband passed away. He was very spendthrift. As the legal representative of our minor child, I am considering making an acceptance up to the net assets on his behalf. Is the authorization of the guardianship judge obligatory?

No. Acceptance up to the amount of the net assets makes it possible to limit the patrimonial risks for the heir since he is not liable for the debts of the deceased, on his personal assets. As long as this acceptance does not present a risk for the minor to…
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My father passed away 3 months ago. My mother opted for the usufruct. My brothers and I are liable for inheritance tax. I'd like to ask the tax department to defer payment until the day the usufruct ends. Should my brothers also request this ?

No. You may be the only one to opt for deferred payment of inheritance tax. However, it is imperative that your brothers give their express agreement to this request, and that they declare that they have been informed that, in the event of default on your part, they remain liable…
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I signed a preliminary sale agreement to purchase an apartment. The promisor (seller) has just passed away. Am I still bound by the agreement?

Yes. The law provides that the heirs “automatically succeed to the property, rights and actions of the deceased” (Article 724 of the French Civil Code). Therefore, your preliminary sale agreement is not void, and the seller’s heirs may continue the sale process.
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Our father passed away. He had remarried and we are 3 children from the first marriage. Our mother-in-law refuses to disclose the information she has on our father's bank accounts. Can the notary in charge of the succession identify them?

Notre père est décédé. Il était remarié et nous sommes 3 enfants du premier lit. Notre belle-mère refuse de communiquer les informations qu’elle détient sur les comptes bancaires de notre père. Le notaire en charge de la succession peut-il les identifier ? Yes . Indeed, law n° 2014-617 of June…
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