Frequently asked questions about Famille

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My friend passed away. She was unmarried, had no children, and no siblings. Her biological parents are still alive, and she had been adopted (simple adoption). Do the adoptive parents inherit?

Yes. Article 368-1 of the French Civil Code provides that the estate of a person who was adopted under a simple adoption is divided into two parts: one half goes to the biological family, and the other half to the adoptive family (Article 738-1 of the Civil Code).
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I am currently undergoing a divorce by mutual consent. My husband and I did not enter into a prenuptial agreement. I have fallen in love with a property. Can I sign a preliminary sale agreement on my own?

Yes. You may sign a preliminary sale agreement on your own; however, the property will be considered joint property if the purchase is completed before the effective date of the divorce, which is the date on which the divorce agreement is filed with a notary. Unless the spouses have agreed…
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My mother, who has Alzheimer's disease, lives in a retirement home. The latter no longer has enough cash to finance it. Is it possible within the framework of a family authorization to ask the judge to buy back the premiums of her life insurance contract?

Yes . When a person is no longer able to express their will due to a medically confirmed alteration of their mental faculties, it is possible to request a family authorization from the guardianship judge. The authorization may be general or relate only to certain acts in regard to the…
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I divorced by mutual consent in 2002. My ex-wife and I had signed a spousal gift agreement. Is it still valid?

For a divorce granted before 2005, Article 268 of the French Civil Code, as amended by the 1975 law, applies. At that time, spouses divorcing by mutual consent had to decide the fate of the spousal gift. Three scenarios are therefore possible: The gift is maintained in the divorce agreement…
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My partner to whom I was not married has passed away. He had entered into a mandate for future protection and appointed our daughter as mandatary. This convention has never been implemented. Can my daughter invoke it to settle the estate on her own?

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…
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