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Mum dies and french law allocates us 75% (2 brothers at 37.5%

 
TKenney, Ph.D.'s Avatar
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Customer Question

Mum dies and french law allocates us 75% (2 brothers at 37.5% each) of her house and stepfather 25%.
 
Me, brother and stepfather continue legal case against builders who were previously working on the property.
 
Stepfather charges us (2 brothers at 37.5% each) 75% of legal bills.
 
Having spoken to the lawyer (2years later) we then all sign an agreement stating that we will all pay 33% each. There was no written agreement as to how any winnings would be shared.
 
Stepfather does not refund previous overpayment of 9% (difference between 2 brothers at 37.5% each and 2 brothers at 33% each).
 
We have now won the court case.
 
What % of the winnings should each party get.

Submitted: 289 days and 9 hours ago.
Category: French Law
Value: £57
Status: CLOSED

Accepted Answer

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Expert:  TKenney, Ph.D. replied 289 days and 9 hours ago.


TKenney, Ph.D. :

Hello

TKenney, Ph.D. :

The winnings depend on whether yor not you take the matter to court.

TKenney, Ph.D. :

If you do not take the matter to court, the winnings will be 75% for you and your brother (2 brothers at 37.5% each) and the stepfather will get 25%.

TKenney, Ph.D. :

Just like the law.

TKenney, Ph.D. :

However, if your stepfather opposes to the 25% and would like more, a judge will have to decide.

TKenney, Ph.D. :

If the stepfather can prove that he invested 30% in legal fees, then it gets complicated, because the judge will want to know how much the mother paid in legal fees before death.

TKenney, Ph.D. :

If you all can come up with and agreement it would be better. Your lawyers will put the money in a special account while waiting for you three to comme up with an agreement or until the court will have decided who gets what percentage.

Customer :

well they dont want the added expense of going back to court and the parties are not on the best of terms. do you know what the law is on this point? i e what would be the likely out come if it went to court?

TKenney, Ph.D. :

I already wrote and gave you what the law is. If you do not take the matter to court, the winnings will be 75% for you and your brother (2 brothers at 37.5% each) and the stepfather will get 25%. This is the law.

TKenney, Ph.D. :

I already answered what the the likely out come would be if it went to court. If the stepfather can prove that he invested 30% in legal fees, then it gets complicated, because the judge will want to know how much the mother paid in legal fees before death. then the judge will need to know at what point the mother died during the court case. Theses cases lasts for years and years and years. Your likely outcome is that the stepfather will get what he wants if he has proof and all the parties will have lost a lot of money in legal fees or , if the stepfather have no proof (evidence) then he will loose and the judge will apply the law.

TKenney, Ph.D. :

For example, if your mother started the legal case 5 years before death and the case ended 3 months after deaths and you all paid just the last bill, the judge would calculate the percentage of 5 years and the percentage of the last bill. Or the judge can search to see if there was an agreement (even oral) to give each party 30%.

TKenney, Ph.D. :

Or the judge can consider that the percentage of the case that you all paid has no influence on the division of of the winnings according to the law.

TKenney, Ph.D. :

France is not a common law country like the UK. This means that courts do not have to follow the decision made by other courts. Each court decision is different and depend on the individual judge. Your lawyer will have to convince the judge.

TKenney, Ph.D. :

The outcome will depend on the evidence the parties have. French judges make their decision based on the evidence they have. Therefore, there can be all sorts of outcomes.

Customer :

many thanks for your help. i apologise that your original answer did not appear in full. i understand therefore that at law the two brothers would get 75€€€€ percemt of the winnings and stepfather would get 25 but wouldnt the fact that they signed the agreement to pay 33.3 percent of the costs be the evidence that the stepfather needs to say he paid more?

TKenney, Ph.D. :

Well, I would need to see what was written in the agreement what was signed between them.

TKenney, Ph.D. :

also, signing an agreement and actually paying 33.3 % are 2 different things.

TKenney, Ph.D. :

If there is a disagreement in the way the agreement is to be interpreted and there is a lot of money involved, then this question will have to be answered by a French judge.

TKenney, Ph.D. :

Please keep in mind that I can not advise you on this website. It is against the JustAnswer policy. While I am indeed a French lawyer in Paris, on this website, I am just a French law expert answering questions on French law and on my free time. In order for me to counsel someone, I would need to see him/her (in person or on the phone), see all his/her documents, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following : "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.

TKenney, Ph.D. :

I am glad I was able to answer your question. Please do not forget to rate my answer positively, otherwise I shall not get any credit for my work. I shall be happy to answer any follow-up question you might have afterward and likewise you will have to rate me again after you will have received my answer to your follow-up question.

Kind regards,

I can not advise you on this website. It is against the JustAnswer policy. While I am indeed a French lawyer in Paris, on this website, I am just a French law expert answering questions on French law and on my free time. In order for me to counsel someone, I would need to see him/her (in person or on the phone), see all his/her documents, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following : "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.

Expert TypeFrench Attorney (Avocat à la Cour)
Category: French Law
Pos. Feedback: 96.0 %
Accepts: 688
Answered: 7/7/2012

Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US

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