Frequently asked questions about Succession

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We applied for guardianship of my father. Is it up to us to pay the guardian?

No. If the measure of guardianship is entrusted to a member of the family, it is then exercised free of charge. Sometimes, the guardianship judge or the family council, realizing the importance of the property which needs to be managed or the difficulty of exercising the measure, may award compensation…
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My husband died. The only property belonged to him and he had two children. Can they force me to leave despite my inheritance rights?

It depends. If it was your main residence at the time of death, Article 764 grants you a lifelong right of use and occupancy (including furniture). If it was a secondary residence, they may require you to leave since the law does not grant usufruct without agreement (Civil Code, Article…
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Is there a deadline for my mother to make known her choice regarding the inheritance of my father (her husband)?

No, unless expressly requested. The law provides no time limit for the surviving spouse to choose between the available inheritance options (in the presence of joint children: ¼ full ownership or full usufruct). However, an heir may ask the surviving spouse in writing to exercise their option. If the spouse…
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Can I keep the will I just wrote at home?

Yes. A handwritten will is valid if it is written, dated, and signed by your hand (Article 970 of the Civil Code). However, for safekeeping, it is advisable to deposit it with a notary who will also register it in the national registry of wills.
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