6 - Your mother, as a surviving spouse and in the absence of a pre-nuptial contract, can opt for the usufruct of the entire estate (including cash..., yes) or 25% in full ownership - and the matrimonial home in usufruct in any case.
Ok. I get it that the house is hers until she dies.
The next statement for plain english translation please
Quote 'that I am aware of the provision of article 766 of the French civil code and renounce asking the conversion of the surviving spouse rights in the habitation to a life annuity' (I have no idea what this means)
also, she is asking for exemption to do an inventory. Are items listed in an inventory then subject to the same constraints as the house? If she sells the property or listed items, she then has to give over the appropriate portion of the proceeds? If she sells the house, she has to give my sister and I our money right? And what happens if she rents out the house?
1. I thought you could only rent out the home if it was not your only property in France? Is this the case?
Hello again and thank you for your answers yesterday.
A few more questions if you please.
1. Can my mother just do as she pleases with the property - without consulting my sister and I, ie, rent it out, extend it - or any such things?
2. Would my sister and I be responsible for any maintenance costs on the property whilst my mother is still living there/alive?
3. Can I sell my share to either or both of my mother and sister if they wanted to purchase it from me.
4. If my mother sells up in the next 5/10 years, does she have to pay my sister and I? (I did not understand yesterday if this applied to just possessions or the property as well)
5. When my mother dies, does she have to leave her whole portion to my sister and I, or does she get to bequeath that to whomever she likes?
A few final questions please.
1. What happens if I do not sign this agreement.
(I do not wish to renounce, just do not wish to sign) (there must be cases where the family are in dispute and members do not sign, or family members cannot be found, ie moved to far flung places, or travel and live in very remote places, without communications)
2. My mother says she will be fined if I do not sign - is this true?
3. If I do not sign, am I still responsible for any structural repair costs?
4. What happens if my mother dies without me signing?
Ok. I understand the implications. Is there a time limit on me accepting my succession? My father died just two years ago and I received the document in February this year. How much more time do I have?
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