No. When requested by the surviving spouse, preferential allocation is a legal right (Art. 831-3 Civil Code).
Yes, if the will is authentic (Art. 764 Civil Code).
Yes. Unless a will states otherwise, each parent receives one quarter of the estate, and the spouse receives the remaining half (Art. 757-1 Civil Code).
No. If there is no spousal gift (also known as a “gift to the last living”), the law provides that the surviving spouse may only claim one-quarter of the estate in full ownership when the deceased leaves children from another union (Art. 757 Civil Code). Good to know: a spousal…
No. The urban pre-emption right allows public authorities (municipalities, local communities, etc.) to substitute themselves for the buyer or donee in the case of a transfer of property, such as a sale or donation (Art. L210-1 et seq., Urban Planning Code). Exception: there is no pre-emption right when the donation…
No, unless expressly requested. The law provides no time limit for the surviving spouse to choose between the available inheritance options (in the presence of joint children: ¼ full ownership or full usufruct). However, an heir may ask the surviving spouse in writing to exercise their option. If the spouse…
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.
It depends. You are exempt from filing an inheritance declaration if the gross estate assets (i.e., all your late husband’s assets without deducting debts) are valued at less than €50,000 and if he did not make any unregistered gifts to you (Art. 800 Tax Code).
In the case of an exchange, the notary’s fees are calculated based on the asset with the highest value. In this case, your apartment (Art. A444-117 Commercial Code).
No. Article 23, paragraph 2, of Law No. 65-557 of 10 July 1965 provides that “in the case of joint ownership, the co-owners must be represented by a common representative.” You must therefore choose who will attend the meeting. If no agreement is reached, the president of the judicial court…