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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 818
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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My Brother died in APRIL IN FRANCE in a car home in Creisells

Resolved Question:

My Brother died in APRIL IN FRANCE in a care home in Creisells I have 2 nieces one who lives there also and one who lives in VillaFranche, My brother died with no will and had no children my nieces were told by a French solicitor they could keep the house.? There are three sisters one in Italy 2 in Scotland and one brother also in Italy (nearest survivors) what are our rights. My neice said we may have rights to his money how could we claim this.?

Submitted: 11 months ago.
Category: French Law
Expert:  TKenney, Ph.D. replied 11 months ago.

TKenney, Ph.D. :

What is the relation between your brother and your nieces about whom you wrote.

TKenney, Ph.D. :

I have a few questions: What is the relation between your brother and your nieces about whom you wrote? Does the house that your nieces are living in belong to your deceased brother? Where was your brother's last country of residence before death? If the house where your nieces are living belonged to your deceased brother then your nieces can not just keep the house like that. French estate laws do not work that way.

Customer:

My brother and I were close regularly phoned until he went into care home I had just sent him slippers and socks sweets parcel for his 90th birthday i spoke to him on the phone 1 week before he died, Neices are my older brother (now deceased) daughters who live in France. My nieces are not living in the house one Marise went to the house for clothes etc when my brother was in hospital. He was still able to manage his finances up till he died she would take him to the bank.They said the house now belongs to them the solicitor told them. My brother never left a will. Of the surviving family ,

Customer:

One brother Italy has 3 children (nieces and nephews)

Customer:

I have 2 daughters (2 nieces in Scotland) The other 2 sisters did not marry have no children. NOK is Brother and 3 sisters including myself

Customer:

He lived in Canada after the war then went to France 1945? and has lived there ,most of his life and married a French girl

TKenney, Ph.D. :

Thank you for the information. If a solicitor told your nieces that the house is theirs, then your brother may have given the house to his nieces as a gift and that the house is in their name. H may have just had the use of the house (usufruit) until he died.

TKenney, Ph.D. :

In order for a solicitor to say that the house is theirs, the solicitor had to have seen the papers (deeds/titles). If this is indeed true, I suspect that the deeds were changed into your neices names as a gift before death and your brother may have just had the use of the house (usufruit) until he died. Or, your brother left a will giving the house to his nieces and only your neices know about it. This is why you will need to ask your nieces under what grounds is the house theirs.

TKenney, Ph.D. :

If you brother did give your nieces the house as a gift while alive, you can challenge that gift before a French court.

TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 818
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 11 months ago.
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Expert:  TKenney, Ph.D. replied 11 months ago.
TKenney, Ph.D. : What is the relation between your brother and your nieces about whom you wrote.
TKenney, Ph.D. : I have a few questions: What is the relation between your brother and your nieces about whom you wrote? Does the house that your nieces are living in belong to your deceased brother? Where was your brother's last country of residence before death? If the house where your nieces are living belonged to your deceased brother then your nieces can not just keep the house like that. French estate laws do not work that way. Customer: My brother and I were close regularly phoned until he went into care home I had just sent him slippers and socks sweets parcel for his 90th birthday i spoke to him on the phone 1 week before he died, Neices are my older brother (now deceased) daughters who live in France. My nieces are not living in the house one Marise went to the house for clothes etc when my brother was in hospital. He was still able to manage his finances up till he died she would take him to the bank.They said the house now belongs to them the solicitor told them. My brother never left a will. Of the surviving family , Customer: One brother Italy has 3 children (nieces and nephews) Customer: I have 2 daughters (2 nieces in Scotland) The other 2 sisters did not marry have no children. NOK is Brother and 3 sisters including myself Customer: He lived in Canada after the war then went to France 1945? and has lived there ,most of his life and married a French girl
TKenney, Ph.D. : Thank you for the information. If a solicitor told your nieces that the house is theirs, then your brother may have given the house to his nieces as a gift and that the house is in their name. H may have just had the use of the house (usufruit) until he died.
TKenney, Ph.D. : In order for a solicitor to say that the house is theirs, the solicitor had to have seen the papers (deeds/titles). If this is indeed true, I suspect that the deeds were changed into your neices names as a gift before death and your brother may have just had the use of the house (usufruit) until he died. Or, your brother left a will giving the house to his nieces and only your neices know about it. This is why you will need to ask your nieces under what grounds is the house theirs.
TKenney, Ph.D. : If you brother did give your nieces the house as a gift while alive, you can challenge that gift before a French court.
Customer: replied 11 months ago.


I don't wish to destroy the relationship I have with my nieces in France neither am I upset if they have been left the house if that was his wishes? but I would appreciate the truth regardless he also had savings I just want to know the truth that things have been done legally. I was upset that he died on the 8th April and was not told until the day he was buried (one week later) when I expressed how I felt I was asked would I have come?? I am 80 years old my sister here in Edinburgh is 87 in a nursing home with dementia. It is the principle but I do not wish to be told lies? Thank you very much for this information I may ask for name of solicitor and write to him direct,

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