How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TKenney, Ph.D. Your Own Question

TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 825
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
52682299
Type Your French Law Question Here...
TKenney, Ph.D. is online now
A new question is answered every 9 seconds

When we got married in 1984 my wife and I signed a CONTRACT

Customer Question

When we got married in 1984 my wife and I signed a CONTRACT DE MARIAGE. We have a flat in Paris and she is the legal owner of the property. We have one son who lives in his own studio flat in Paris. This studio property was also owned by my wife but she transferred the deed of the studio flat to my son through a noter .
My question is : If and when my wife dies do I have to pay any inheritance tax for the flat we live in ? Who will be the legal owner of this flat in case my wife dies? If there is any inheritance tax to be paid how long time is allowed to pay the tax and what is the the tax percentage applicable.
Thank you .
Mr. Haluk Alim (XXX@XXXXXX.XXX )

P.S: My wife, my son and myself are all French nationals and live in France.
Submitted: 1 year ago.
Category: French Law
Expert:  TKenney, Ph.D. replied 1 year ago.

TKenney, Ph.D. : You will have no inheritance taxes to pay.
TKenney, Ph.D. : In french law, since August 22, 2007, surviving spouses and partners related to the deceased by a civil solidarity pact (PACS) are exempt from inheritance tax.
TKenney, Ph.D. : In case my wife dies, the legal owner of the flat will depend on if your wife leaves a will or not.
TKenney, Ph.D. : In the absence of a will, If the deceased spouse leaves descendants, the surviving spouse receives either: All the assets of the deceased usufruct right to use the property and collecting the fruits of the (housing tenure, collecting rent a property ...). A quarter of the estate of the deceased freehold. The option of the surviving spouse must be exercised within three months after the death, otherwise it receives the assets in usufruct. exceptions: In the presence of children whose paternity is established in respect of the deceased spouse, the surviving spouse has no choice: he receives a quarter of the assets with freehold. The spouse who opts for the usufruct can transform into a life annuity.If the deceased spouse leaves his father and / or mother, the surviving spouse receives: half of the heritage of the deceased spouse if both parents of the latter are alive; three quarters of the heritage of deceased spouse if one of the parents of the latter is still alive.In addition, regardless of the family situation, the surviving spouse receives: free allocation of housing for one year; the right to use the housing and furniture until his/her death, against remuneration; alimony paid by the heirs in case of need.
Customer: Thank you. Is the Contract de Mariage considered a Civil Solidarity Pact PACS ?
TKenney, Ph.D. : No, the Contract de Mariage is not considered a Civil Solidarity Pact (PACS). A PACS is a civil union in France.
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!
Customer: Thank you. Can you please confirm that in case of my wife's death; I will not be liable for any inheritance tax for the flat we live in, which is owned legally by my wife, inspite of a Contract de Mariage between me and my wife . Am I also correct in understanding that if there is no " will " I become the legal owner of the property in spite of the Contract de Mariage and my son will not be liable for any inheritance tax as long as I live . The services you have provided has been very helpful . Mr. Haluk Alim
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 825
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
TKenney, Ph.D. and other French Law Specialists are ready to help you
Expert:  TKenney, Ph.D. replied 1 year ago.

What you wrote is not exactly what I wrote in my answer to you. You misunderstood my answer.

The answer I gave you is because you have an antenuptial agreement (contrat de marriage)..

You wrote : 1) “Can you please confirm that in case of my wife's death; I will not be liable for any inheritance tax for the flat we live in, which is owned legally by my wife, inspite of a Contract de Mariage between me and my wife .

Yes I can confirm that.

You also wrote :

2a) “Am I also correct in understanding that if there is no " will " I become the legal owner of the property in spite of the Contract de Mariage”

My answer to 2a is no. This is not what I wrote.

2b) “and my son will not be liable for any inheritance tax as long as I live .

My answer to 2b is no. This is not what I wrote.

Because you have a “contrat de marriage,” in the absence of a will, and because your deceased wife leaves a descendant (your son), you as the surviving spouse receives either: All the assets of the deceased usufruct right to use the property and collecting the fruits of the (housing tenure, collecting rent a property or a quarter of the estate of the deceased freehold. This option must be exercised within three months after the death, otherwise you will receive the assets in usufruct. In this case the house will be your son’s house but you have the right to use it. : In the presence of children whose paternity is established in respect of the deceased spouse, the surviving spouse has no choice: he receives a quarter of the assets with freehold. If you opt for the usufruct, you can transform it into a life annuity.In addition, regardless of the family situation, you (the surviving spouse) receive: free allocation of housing for one year; the right to use the housing and furniture until your death, against remuneration; alimony paid by the heirs in case of need.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    785
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawyerAvocat/2013-2-18_172451_balance000.64x64.jpg TKenney, Ph.D.'s Avatar

    TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    785
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
  • http://ww2.justanswer.com/uploads/AV/A.Valcke/2013-7-8_11622_valcke1.64x64.jpg A.Valcke's Avatar

    A.Valcke

    Solicitor

    Satisfied Customers:

    70
    Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    432
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney