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My aunt’s estate includes jewelry and statuettes. The heirs disagree on the value to declare. Some want an inventory while I prefer a simple declaration, which is cheaper. Am I allowed?

Yes. Under Article 762 of the General Tax Code, you may make an estimated declaration of the jewelry and statuettes provided the value is correctly assessed. However, without agreement the estate tax declaration may be late. As heirs are jointly liable for inheritance tax, late interest or penalties will apply…
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My husband passed away 1 year ago. Our main residence belonged jointly to my husband and his brother. Can I take advantage of the lifetime right of article 764 of the Civil Code as a surviving spouse?

No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…
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My best friend passed away recently. He was single, childless and under guardianship. Supervision was exercised by a legal representative for the protection of individuals. Can the guardian seize a notary to take care of his estate?

Yes. In the event of the death of an adult who is the subject of a protective measure exercised by a legal representative for the protection of adults, the latter may, in the absence of known heirs, seize the notary of the deceased through a view of settling the estate…
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Following their divorce, my father paid his ex-wife a compensatory allowance, in the form of an annuity. He has passed away. I learned that she was going to receive a survivor's pension. Are these two services cumulative?

No. When the compensatory allowance was paid in the form of an annuity, at the time of the death of the debtor spouse, in principle it is immediately payable in the form of a lump sum. Reversion pensions are deducted from the amount of this compensatory allowance (art. 280-1 and…
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After my mother’s death, my father and I invested the inheritance money in a capitalisation contract, under which he holds the usufruct and I hold the bare ownership. Can he redeem the contract without asking for my consent?

Yes, but… In a dismembered capitalisation contract, the usufructuary has the right to manage the contract and to make redemptions (partial or total) without the bare owner’s consent (Article 578 of the French Civil Code), unless otherwise stipulated. However, upon termination of the usufruct, the usufructuary must return to the…
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