Frequently asked questions about Succession

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My parents having had 4 children, they obtained social housing with 5 rooms about thirty years ago. After the death of my father, my mother stayed in this apartment, and I came to live with her a year and a half ago. She passed away and I want to (...)

...take over her lease. Is it possible? It depends . Indeed, on the death of the tenant, the rental contract can be transferred to the descendants who lived with him for at least one year on the date of death (art. 14 law n ° 89-462 of July 6, 1989)…
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My son passed away. He was married and had a daughter. My daughter-in-law opted for the usufruct of the entire estate of her late husband, which only includes money. The notary told my granddaughter that she would not receive the money ...

... from this inheritance until her mother passed away. Is this true? Yes. In theory, the usufructuary cannot dispose of the property of the concerned usufruct. However, the Civil Code allows an exception when the usufruct includes elements that cannot be used without consuming them, such as money. In which…
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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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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 father passed away 4 months ago, leaving debts. Being the heir, I gave up on this succession. He was a tenant of his accommodation, and his landlord asked me to empty it. Am I required to do so?

No. By renouncing the succession of your father, you lose the title of heir in his succession. Consequently, you are not bound by any debt obligation, but in return, you lose all rights to his property. As the lease is automatically terminated following the death of your father, since no…
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