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I HAVE A FRIEND WHO HAD TWO CHILDREN WITH A MAN WHO SHE

Customer Question
I HAVE A FRIEND...

I HAVE A FRIEND WHO HAD TWO CHILDREN WITH A MAN WHO SHE LIVED BUT NOT MARRIED TO WITH AND HE DIED. sHE IS NOW TRYING TO CLAIM HIS ESTATE. sHE SAID THAT SHE NEEDS TO PAY A NOTERY 600 EUROS TO OPEN THE FILE AND PROCEED WITH LEGAL CLAIMS. WILL THAT FEE COVER HER COSTS TO GET HER INHERITANCE?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I'M IN CALIFORNIA BUT MY FRIEND IS IN FRANCE. sHE IS ASKING ME TO HELP HER WITH THE COST BUT i'M AFRAID IT WILL EVENTUALLY BECOME VERY COSTLY TO PROCEED.

Lawyer's Assistant: Has anything been filed or reported?

I'M NOT SURE. i DON'T THINK IT HAS. SHE SAID SHE NEEDS 600 EUROS TO OPEN THE FILE.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I WOULD LIKE TO KNOW HOW MUCH IT WOULD TYPICALLY COST FOR SOMEONE TO OBTAIN AN INHERITANCE FROM A FORMER LIVE-IN SPOUSE WHO PASSED AWAY.

Submitted: 6 months ago.Category: French Law
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Answered in 8 minutes by:
1/4/2018
Barrister: DrOlivia-JD-MD,
 replied 6 months ago
DrOlivia-JD-MD
Category: French Law
Satisfied Customers: 3,962
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Barrister: DrOlivia-JD-MD,
 replied 6 months ago

First, I need to ask you - do you know this person. I know you wrote that it's a friend... but do you actually know this person?

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Customer reply replied 6 months ago
I know her but only as an online relationship. Although I'm awear it could be a scam, let's assume it's not and provide me an answer to my question.
Customer reply replied 6 months ago
I do not agree to pay $59.00 I want an answer to my question that I agreed to pay $45.00
Barrister: DrOlivia-JD-MD,
 replied 6 months ago

That's fine - the phone requests come from the site - not me :)

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Barrister: DrOlivia-JD-MD,
 replied 6 months ago

That's what I figured you'd say - it's a scam.

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Barrister: DrOlivia-JD-MD,
 replied 6 months ago

In theory she needs zero to proceed with her claim.

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Barrister: DrOlivia-JD-MD,
 replied 6 months ago

Maybe she is telling you she needs to hire an attorney - and that could cost any amount of money - but someone who is a beneficiary of the estate has to pay exactly zero to be a beneficiary of an estate. And if she's not a beneficiary and she's just challenging the will, well that can cost her anywhere from $1,000 to $1,000,000 she she can try to tap the well as often as possible. I'm sorry, I know that's not what you wanted to hear but I am trying to prevent you from losing the equivalent of 600 euros (or whatever subsequent amount of money she wishes to claim she needs). I just ask that you please not shoot the messenger - and by that I mean please don't give me a bad rating for trying to help you. I really AM trying to help you. If I have answered your question, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. 5 stars is definitely appreciated!. It *DOES NOT* cost you anything extra and it allows me to get credit for helping you. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 6 months ago
My friend is in France and says she needs the money to pay a notery to open the file. Are you saying that is not necessary in France?
Barrister: DrOlivia-JD-MD,
 replied 6 months ago

What 'file' is she alleging she needs to open?! I'm saying that she's full of it.

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Customer reply replied 6 months ago
are you familiar with French law?
Barrister: DrOlivia-JD-MD,
 replied 6 months ago

I cannot answer questions for you about French law. I'm a US attorney. What I can tell you is that if a person you don't know asks you for money to do anything it is a scam 99.9999999% of the time. If you would prefer your question to be routed to the French (not US) attorney database I can do that for you.

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Customer reply replied 6 months ago
Well I was originally on a site talking about French law and somehow I got switched over to this site which I assumed was going to answer my question about this issue going on in France. Next thing I know, they asked for a $5.00 deposit and then it turned into $45.00 and now they're asking for $59.00. I think this site is a scam.
Customer reply replied 6 months ago
ok thanks
Barrister: Clare, Solicitor replied 6 months ago
Clare
Clare, Solicitor
Category: French Law
Satisfied Customers: 35,264
Experience: Attorney
Verified

My name is Clare

I am a solicitor in the UK but I have some knowledge of French Inheritance law.

In France a Cohabitee cannot make a claim on the Estate.

If there is no Will then the Estate is divided between the children

Even if there is a Will two thirds of the estate MUST go to the children.

You can read more here

https://www.french-property.com/guides/france/finance-taxation/inheritance/rights/

However in answer to your specific query - most lawyers do ask for a payment on account - but as she is the mother of two of the children it seems odd that the family solicitor is not happy to deal with the estate without such a payment.

My colleague is likely correct and this is a scam - so ask some questions before you send the money

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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