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Does anyone know anything about French wills and law

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  • Does anyone know anything about French wills and law

    I'm trying to research something for my family. French law regarding last will and testaments is much
    different. Does anyone know where I could turn to to get some advice?

  • #2
    As much as I'm tempted so say something else... I just don't know. Unless, maybe, you can find someone at the French Consulate. They may be able to refer you to someone Stateside who may be able to assist you? Otherwise...
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Originally posted by justbroke View Post
      As much as I'm tempted so say something else... I just don't know. Unless, maybe, you can find someone at the French Consulate. They may be able to refer you to someone Stateside who may be able to assist you? Otherwise...
      I was tempted to say something also, but decided to pass.

      There are forums on every subject under the sun on the Internet. If you cannot find help at a French Consulate, as JB suggested, perhaps you might find a more appropriate forum? Of course, you cannot trust just anything that you read online....

      Good luck!
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


      • #4
        Originally posted by justbroke View Post
        As much as I'm tempted so say something else... I just don't know. Unless, maybe, you can find someone at the French Consulate. They may be able to refer you to someone Stateside who may be able to assist you? Otherwise...

        Well please fell free to say what it is you like. I just thought someone might know a forum. It was merely
        a question. Thanks anyway.

        Comment


        • #5
          Originally posted by faroff View Post
          Well please fell free to say what it is you like. I just thought someone might know a forum. It was merely a question. Thanks anyway.
          I was going to say to reach out to a French Estate/Probate Attorney actually in France. Then I came up with the idea to ask the French Consular General's office here in the United States! If anyone should know about the laws, it should be the Consulate General. Otherwise, you would have a lot of difficulty finding an attorney here, Stateside, specializing in French Probate law.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            Originally posted by justbroke View Post
            I was going to say to reach out to a French Estate/Probate Attorney actually in France. Then I came up with the idea to ask the French Consular General's office here in the United States! If anyone should know about the laws, it should be the Consulate General. Otherwise, you would have a lot of difficulty finding an attorney here, Stateside, specializing in French Probate law.

            Thanks JB. It's actually an interesting interesting situation. My uncle passed away last year in the UK. He had
            extensive property in both the UK as well as in France. My mom and him were very close but unfortunately he became
            enamored with shall we say,someone much younger than him. My uncle was not well and it was pretty obvious this
            other individual's intentions. Anyway a will in the UK was made as well as a French one. However the laws in France
            are much different. They are pretty explicit that the bloodline cannot be left out. Therefore someone can not leave out
            their children. If a person dies the possessions are to go to the nearest blood line. My mother was his only surviving next
            of kin. This person's attorney has contacted my mother and her attorney in Britain stating that they wanted my mother's
            signature for POA. If not they would just go to court and the court would favor in the way of this person named in the will.

            My mom has not heard back yet from her attorney. I'm had success on this forum for other issues so I was just searching
            for a possible forum that may have some ideas. Calling the Consulate Generals office is a great idea. Thanks!

            Comment


            • #7
              The French are very much into Nationalism. If anyone would want to step in and protect French Nationals from the reach of "foreign" laws... it would be the French government. In your case, I still think reaching out the French Consulate General (and/or Embassy) should get you on the right track.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • #8
                What I know about French inheritance law is what you already know and that French law is very different from U.S. law. I found this website with a summary of French inheritance law: http://www.globalpropertyguide.com/E...ce/Inheritance I don't know how accurate it is.

                I helped administer an estate of a French citizen who lived in the U.S. Most of his property was in the U.S., but he had French intellecutal property rights in movies that were producing income. There was a French attorney involved, but just getting documents that would satisfy French law was very difficult. If the income weren't substantial, it wouldn't have been worth the attorney fees it took to get the income stream flowing to his wife and children who were US citizens.

                Besides contacting the French Consulate, you might try searching for an international law firm with offices in the U.S. that do estate and trust administration. Maybe try googling "International Law firm estates". Or, call your local bar association, explain the situation and ask if they can refer you to somebody who can help. But, depending on the size of the estate, attorney fees may be too high to justify hiring somebody in the US who is qualified.

                ETA: After re-reading your post, it sounds like the attorney who contacted your mother is trying to do the right thing. She may want to see if she can learn something about the attorney. If he seems reputable, she may want to sign that power of attorney.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                • #9
                  Originally posted by LadyInTheRed View Post
                  What I know about French inheritance law is what you already know and that French law is very different from U.S. law. I found this website with a summary of French inheritance law: http://www.globalpropertyguide.com/E...ce/Inheritance I don't know how accurate it is.

                  I helped administer an estate of a French citizen who lived in the U.S. Most of his property was in the U.S., but he had French intellecutal property rights in movies that were producing income. There was a French attorney involved, but just getting documents that would satisfy French law was very difficult. If the income weren't substantial, it wouldn't have been worth the attorney fees it took to get the income stream flowing to his wife and children who were US citizens.

                  Besides contacting the French Consulate, you might try searching for an international law firm with offices in the U.S. that do estate and trust administration. Maybe try googling "International Law firm estates". Or, call your local bar association, explain the situation and ask if they can refer you to somebody who can help. But, depending on the size of the estate, attorney fees may be too high to justify hiring somebody in the US who is qualified.

                  ETA: After re-reading your post, it sounds like the attorney who contacted your mother is trying to do the right thing. She may want to see if she can learn something about the attorney. If he seems reputable, she may want to sign that power of attorney.


                  "ETA: After re-reading your post, it sounds like the attorney who contacted your mother is trying to do the right thing. She may want to see if she can learn something about the attorney. If he seems reputable, she may want to sign that power of attorney."


                  Hi Lady- With all due respect, why would my mother want to sign the POA?? This individual was 40 years younger than my
                  Uncle, we all on the surface understand the motive, but that's neither here nor there legally I understand. French law states
                  that blood relatives are first and foremost. The "court will rule in the "legatee's" favor is just from this attorney, who in my opinion
                  is just trying to bully my mother. Why do they need the POA? The signature? If so easy to just go to court and get a decision,why
                  not just do so? Does this "legatee" just not want to pay the legal costs? How do you,and I'm not being argumentative just trying
                  to understand,figure this French attorney is doing the right thing?

                  Thanks!

                  Comment


                  • #10
                    This is your uncle's attorney, right? Not his wife's? Maybe I misunderstood, but the way I read your post, it sounded like he was offering to represent her interests against the wife. She should definitely ask more questions and investigate the attorney and her other options before signing a POA. One question would be, can't you send me the documents you need me to sign instead of having me sign a POA? If she thinks the attorney is trying to bully her, she definitely shouldn't give him POA.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                    • #11
                      Originally posted by LadyInTheRed View Post
                      This is your uncle's attorney, right? Not his wife's? Maybe I misunderstood, but the way I read your post, it sounded like he was offering to represent her interests against the wife. She should definitely ask more questions and investigate the attorney and her other options before signing a POA. One question would be, can't you send me the documents you need me to sign instead of having me sign a POA? If she thinks the attorney is trying to bully her, she definitely shouldn't give him POA.


                      No, the attorney that contacted my mother is representing the person in question that the will
                      is made to. My uncle was never married and had never had a spouse.

                      The French attorney is wanting my mother's signature for a POA to sign the docs. Everything I
                      am reading states that if someone passes away,has a French will then if there is no spouse it goes
                      to the living blood line relative.

                      I just don't want to see my mother shafted out of this. This is similar to the Anna Nicole Smith
                      situation where she just absolutely "adored" her 90 year old billionaire husband, My mother and
                      my uncle were very close and it just seems fishy as well the will was completed after my uncle had
                      a stroke and the fact his partner was 40 years his junior.

                      Comment


                      • #12
                        Sorry, I totally misread your explanation. I must have had wool over my eyes yesterday. I no longer think your mom should even consider giving this guy POA.

                        After doing a little more reading, I think the rule that property must go to the bloodline, regardless of a Will, is only for real property. The following link is for people buying real estate, but it summarized the inheritance law. http://www.frenchnotaire.com/Synospi...itance-law.htm.
                        LadyInTheRed is in the black!
                        Filed Chap 13 April 2010. Discharged May 2015.
                        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                        Comment

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