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International inheritances

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I chose usufruct in my late husband’s estate. His children (bare owners) now want to convert my usufruct in the main residence into capital. Can they force me?

No. The law allows conversion of usufruct into money in the form of a life annuity (Civil Code, Article 759). Without agreement, the judge decides (Article 760). However, if the usufruct concerns the surviving spouse’s main residence, the judge cannot order conversion against the spouse’s will (Article 760).
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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 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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I am a legatee under a partition will. If I renounce it, does that mean I also renounce my parent’s estate?

Yes. Through a partition will, the testator divides and allocates their assets among their heirs. Allowing a legatee to renounce the will while accepting the estate as a legal heir would undermine the division intended by the deceased (Article 1079 of the French Civil Code).
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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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