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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1357
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I may be moving to France soon on a long-stay visa and am an

Resolved Question:

I may be moving to France soon on a long-stay visa and am an American citizen. I believe after residing there for more than 90 days I am considered to be a resident. I will no longer have an American residence. My intent is to stay and potentially become a French citizen after five years.
I have a will, durable power of attorney and advanced care directive which were setup in the U.S. My only heir is my adult daughter still in U.S. Her inheritance would be my cash, savings etc but no real property
My questions are:
1) If I were to pass away, while living in France and not yet a citizen, are my US drawn documents enforceable?
2) If not, what documents do I need in France?
3) Should the inheritance funds be held in French institutions for her to have access etc? Or can I keep them in the U.S?
Thank you!
Submitted: 1 year ago.
Category: French Law
Expert:  Fran-mod replied 1 year ago.
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Expert:  T Perrin C replied 1 year ago.
Your documents would be enforceable only regarding assets held in the USA. If you have no French will, all your assets held in France would be shared equally between all your children (if you have other children than the daughter mentioned above).
Customer: replied 1 year ago.

Thank you for the information. Couple more questions:


 


1) Would my daughter have to go to any court proceedings in France should I die and all my assets are in France?


 


2) Is there such an instrument in France ie. Advance Care Directive? This document states one's wishes should he be on life support and there would not be any chance of living a "quality" life etc.


 


Merci beaucoup!

Expert:  T Perrin C replied 1 year ago.
Hello!
1) No court proceedings would be necessary unless someone contest her rights as your only heir. The succession would be handled through a notaire.
2) Since Loi Leonetti of 2005, this is called "directives anticipée". It should state your wishes clearly and name someone with whom the doctors would discuss the case. One would advise it is written in French to avoid any misunderstanding which would void it.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1357
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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