Frequently asked questions about Succession

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do her children have the right to demand that I pay them the outstanding amount in one go? No . On the death of a person, the rights, and shares that he held during his lifetime are automatically transmitted to his heirs (art. 724 C. civ.). The Court of cassation…

Yes. Article 642 of the General Tax Code provides that when the deceased has passed away outside the department of Martinique where they were domiciled, the heirs have a one-year period to file the inheritance declaration with the tax authorities (as an exception to the six-month period).

If it appears that your mother is no longer capable of looking after her own interests, you must inform her of your intention to implement the mandate. Her condition must then be certified by a doctor chosen from a list drawn up by the public prosecutor. This medical certificate and…

The capital gain carried out on the sale of a property is equal to the difference between the sale price and the acquisition price. When the property was received following a death, the acquisition price corresponds to the value retained in the declaration of succession (art. 150 VB, I, CGI).

No. Conditions in a will (“charges”) must be possible (Civil Code, Article 900). Here she has two capacities: legatee (bound by the condition) and legal heir as spouse. If she refuses the legacy, she is no longer bound but can still inherit as surviving spouse.

Frequently asked questions about Succession

A question ? Need help ?

My aunt is going to lend me some money. We have planned for me to repay it in monthly installments over a period of 5 years. A loan deed will be regularized by a notary. If she dies before this term (...)

My mother always lived in Martinique, but she came to the mainland for medical treatment, where she unfortunately passed away. Is it true that I have one year to file the inheritance declaration with the tax authorities ?

A few years ago, my mother signed a mandate for future protection and appointed me as her proxy. Today, she seems to be losing her memory and isn't always aware of what she's doing. How do I go about implementing this measure?

Following the death of my mother, I inherited her apartment. I wish to sell it. What is the acquisition value to be used in order to determine the amount of the real estate capital gain?

My brother died leaving everything to his wife on condition she provides me “care of any kind.” If she refuses the legacy, must she still comply?