Frequently asked questions about Famille

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My mother has a notarised lasting power of attorney (mandat de protection future), and I am her attorney. She used to make regular monetary gifts to her grandchildren, and I am continuing this practice. The notary says this is not allowed. Is he correct?

Yes. The law prohibits the attorney from carrying out acts of gratuitous disposal (such as a gift) on behalf of the protected person without the prior authorisation of the guardianship judge (Article 490 of the French Civil Code)
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My brother has passed away. He was single and didn’t have children. My sister and I have conducted an inventory of his estate for the purposes of the tax inheritance declaration. I live abroad and was able to be represented. (...)

(...) Now the notary is asking us to personally sign the inventory closure deed. Why ? The purpose of closing the inventory is to confirm that all operations have been completed. On this occasion, those who were in possession of the deceased's assets before the inventory or who lived in…
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My half-sister was born of an unknown father. My father recognized and raised her until adulthood. Can she now contest the filiation?

No. Except for the public prosecutor, filiation cannot be contested when consistent status has lasted at least 5 years since recognition (Civil Code, Article 333). “Possession of status” refers to real parental ties shown by upbringing, support, and social recognition (Article 311-1).
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4 years ago my father took out a loan to buy his house. The bank then registered a mortgage on the property. We recently had him placed under curatorship. We've just learned that he hasn't paid the last instalments and that the bank is threatening to...

...seize his house. Is this possible despite the protective measure? Yes. The protection of the protected person's home has the effect of limiting the acts that his representative can perform (art. 426 C. civ.). However, this does not mean that the property cannot be seized by creditors, in this case…
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I am in the process of a divorce by mutual consent. My ex-spouse and I purchased a property under the Pinel tax scheme, and the commitment period ends in three years. Can we sell it before this deadline, and what steps should we take?

Yes… but If the divorce occurs during the rental commitment period, one of the ex-spouses may, subject to compliance with all conditions attached to this tax incentive scheme, request to take over the commitment for their own benefit. Otherwise, the tax reduction will be revoked. It is also accepted that…
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