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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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When my mother died in 2010, my father inherited everything

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When my mother died in 2010, my father inherited everything (my parents are resident in UK) until my Father dies. My father would like to give me some money from his and my mother's estate in the UK. My family and I are resident in France and subject to French tax laws. Am I eligible for my mother's tax free allowance as well as my father's? Or am I only eligible for my father's allowance (I think it's about 100,000).

TKenney, Ph.D. :

Hello, In French law, you do no have to pay taxes for gifts from parents of 159,00 euros and below. Anything above €159,000 is taxable. You mother is deceased, therefore you can not receive a gift fom your mother. Your gift will be from your father and the total non taxable amount is 159,000 euros (be it from the mother or the father).

Customer:

Hi, thank you for your response but I think you might be incorrect. I think that the rules have changed since 17 August 2012 and the limit is not 100,000 euros. There is an allowance per parent and I'm wondering if the allowance from my mother is allowed as her estate is now in my father's name.

TKenney, Ph.D. :

Hello, yes, you are coorect. The was modified. Since August 17, 2012, a reduction of € 100,000 applies to the share of each child (€ 159,325 before that date). http://vosdroits.service-public.fr/particuliers/F14203.xhtml. Since the law has changed. Can you give me some time to review the new law to answer you question concerning your allowance from your mother's estate.

TKenney, Ph.D. :

However, you must keep in mind that you did not inherit from your mother's estate. According to what I understood, your father inherited everything from your mother. Your mother's estate procceeding is closed. Because your father inherited everything, you can not inherit from your mother, and because your mother is deceased, you can not claim a donation from your mother. In French law, each parent can donate 100,000 euros to their children (100,000 euros from the mother and 100,000 euros from the father (before Augus 2012, it was 159,000 euros)). In order to receive a donatio the doner must be alive, or the donation was to be given at death. Your mother died in 2010, that was during the law of 159,000 euros. if you were a minor child (less than 18 years old) when your mother died, then you show investigate whether your mothe left you a donation at death.

TKenney, Ph.D. :

Your questions where : 1) Am I eligible for my mother's tax free allowance as well as my father's? 2) I'm wondering if the allowance from my mother is allowed as her estate is now in my father's name. The answer is that you are not eligible for your mother's tax free allowance because she is no longer living, unless you were a minor child when your mother died and she made a donation to you that you should have received at her death.

TKenney, Ph.D. :

In French law, donations are made while the doner is alive. You will have to proove that your mother made a donation to you and for you to receive it at her death.

Customer:

Great. Thank you, XXXXX XXXXX clearer.

TKenney, Ph.D. :

I am glad I was able to answer your question. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you. If the answer was particularly helpful a BONUS is always appreciated too! Best regards XXXXX XXXXX!

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