Frequently asked questions about Famille

No. The purpose of the mandate for future protection is to allow a designated person (the mandatary) to represent the mandator who could no longer provide for his interests alone (article 477 of the Civil Code). This mandate ends on the death of the principal, whether it has been implemented…

Generally, when the deceased owned real estate, the value to be considered for the inheritance declaration is the market value on the date of death (Article 761, paragraph 1 of the General Tax Code and BOI-ENR-DMTG-10-40-20 §20). This is the value that would be obtained if the property were sold…

No. Pursuant to Article 1401 of the French Civil Code, the fruits (rental income) of separate property constitute community property. Therefore, in the event of divorce, the rental income belonging to the community will be divided equally between the spouses (Article 1475 of the Civil Code).

Yes. Spouses may change regime at any time by notarial deed. However, if opposed by an adult child, protected adult/minor’s representative, or creditor, court approval is required. When minor children exist, the notary may request approval if the change harms their interests (Civil Code, Article 1397).

Yes, but…In the context of a simple adoption, the adopted child inherits from his family of origin and also from his adoptive family (Articles 364 and 368 of the Civil Code). If your brother were to predecease your mother, his adopted children would represent their father in his mother's estate…