Jump to content
Complete France Forum

Death , inheritance and family fall out


JIMMY C

Recommended Posts

Morning

My first post on here   I’ve had a good look around and am hoping that some of you guys and girls can give us a few pointers.

My wife’s parents live/d in Jersey and owned a property in Trigavou since the early 90's.

Sadly her Mother passed away back in 2004.

For reasons unknown her farther now wants nothing to do with her or her brother.

My basic understanding of French inheritance is that  the property is now split 3 ways between my wife’s  Farther, her  Brother and herself.

No one has been to the property for about 3 years and as far as we are aware no council tax or utility bill have been paid!

My wife’s Brother and herself would like to sell the property. as its simply not getting used.( her father still lives in Jersey the property was used for Holidays)

We know where the property is but unfortunately that’s about it!

HELP!  Where should they start to get the ball rolling?

Many thanks  JIM

Link to comment
Share on other sites

I agree it is a good idea to speak or better still write to the father but depending on how the house is owned, it could be possible after this length of time that the two children could force a sale.   

Find an English speaking notaire and ascertain what rights under French law your wife and brother have.

Link to comment
Share on other sites

Hi,

      If it is not possible to speak to the father, I suggest you find  a notaire in the area where the house is sited, and first find out how the house was purchased. If it was in Tontine ,then the father now owns it outright and there is nothing more that can be done until his death and succession, when, if he still owns the house, your wife and her brother will be entitled to inherit.

      If it was bought "en indivision" 50/50 , then your wife and her brother are entitled to 1/3 each of their mother's half (1/6 of the total value) and there is a legal procedure (long and potentially costly) to force a sale and recover their parts. The notaire can advise on the feasibility of such a procedure.

    

Link to comment
Share on other sites

Either way, the father owns at least 5/6ths of a property he no longer uses. Rather than involve lawyers, would it not be more constructive to offer to buy the property from him? If he no longer speaks to your wife or her brother, perhaps you might be an acceptable neutral. Find the asking price of similar properties if you can, and offer 60 to 70% for a private sale with no agents fees or hassle. If your wife does own a share, she will get a small payout from the sale.

House prices and mortgage costs are both quite low at the moment. You could then sell the property much more simply, or retain it.

Link to comment
Share on other sites

Aside from the fact that some day his inheritees will eventually come into their share surely it is up to the father what he does with his property whether it to be to do nothing or otherwise.

I would be pretty miffed if my inheritees were being expresing their impatience in this fashion.

Link to comment
Share on other sites

[quote user="Chancer"]

Aside from the fact that some day his inheritees will eventually come into their share surely it is up to the father what he does with his property whether it to be to do nothing or otherwise.

I would be pretty miffed if my inheritees were being expresing their impatience in this fashion.

[/quote]

Id normally be inclined to agree but in the circumstances    of   My wifes ill health..........

Link to comment
Share on other sites

[quote user="Chancer"]

Aside from the fact that some day his inheritees will eventually come into their share surely it is up to the father what he does with his property whether it to be to do nothing or otherwise.

I would be pretty miffed if my inheritees were being expresing their impatience in this fashion.

[/quote]

The French inheritancy laws are different as I'm sure every one is now aware. It may not be the father's property in the sense that it is known in the UK, things change on death, that's the way it is. If people don't want to be bound by French laws they shouldn't buy in France.
Link to comment
Share on other sites

[quote user="Judie"][quote user="Mikep"]Either way, the father owns at least 5/6ths of a property he no longer uses.

[/quote]

Shouldn't that be 4/6ths or 2/3rds ?

[/quote]

Hi,

     Yes--provided it was bought in "indivision"  and 50/50; it is possible to split indivision in unequal parts; and it is still possible it was bought in tontine ,in which case the father owns all.

Link to comment
Share on other sites

[quote user="parsnips"][quote user="Judie"][quote user="Mikep"]Either way, the father owns at least 5/6ths of a property he no longer uses.

[/quote]

Shouldn't that be 4/6ths or 2/3rds ?

[/quote]

Hi,

     Yes--provided it was bought in "indivision"  and 50/50; it is possible to split indivision in unequal parts; and it is still possible it was bought in tontine ,in which case the father owns all.

[/quote]

Yes, parsnips, I was referring to the maths, with reference to 'en indivision'.

Link to comment
Share on other sites

[quote user="Gardener"][quote user="Chancer"]

[/quote] The French inheritancy laws are different as I'm sure every one is now aware. It may not be the father's property in the sense that it is known in the UK, things change on death, that's the way it is. If people don't want to be bound by French laws they shouldn't buy in France.[/quote]

Being French I doubt that he had much choice in the matter of where he bought.

Its bad enough all the squabbling amongst relatives after a funeral but the poor b****r is not dead yet!

Around where I live there are many large derelict properties where the surviving spouse wants to downsize but the squabbling children cannot agree, often due to diputes amongst themselves.

Some of these poor berieved pensioners that can no longer afford the upkeep and heating of their family homes are forced into the indignity of having to sleep on a sofa at the home of someone that has taken pity on their situation (not their family I hasten to add) whilst their debts to the fonc continue to accumulate.

All this as the result of having worked hard to provide a better than average family home for their greedy, impatient and ungrateful offspring.

Link to comment
Share on other sites

[quote user="Chancer"][quote user="Gardener"][quote user="Chancer"]

[/quote] The French inheritancy laws are different as I'm sure every one is now aware. It may not be the father's property in the sense that it is known in the UK, things change on death, that's the way it is. If people don't want to be bound by French laws they shouldn't buy in France.[/quote]

Its bad enough all the squabbling amongst relatives after a funeral but the poor b****r is not dead yet!

Some of these poor berieved pensioners that can no longer afford the upkeep and heating of their family homes are forced into the indignity of having to sleep on a sofa at the home of someone that has taken pity on their situation (not their family I hasten to add) whilst their debts to the fonc continue to accumulate.

All this as the result of having worked hard to provide a better than average family home for their greedy, impatient and ungrateful offspring.

[/quote]

This house is a holiday home   so there would not be any kicking  out onto the street .

the sale is required to fund treatment for My ill  wife (Her brother is  in agreement with this)  also at the current rate  her father is likely to out live her!!!  He has made no contact with her  he knows how serious her condition is, yet has made no contact.

so maybe lets get back on to the question that i originally  asked   ................................................

Link to comment
Share on other sites

[quote user="JIMMY C"]

so maybe lets get back on to the question that i originally  asked   ................................................

[/quote]

I think you may have had the best advice already, can't see any other options open to you, sorry.

This situation looks very complicated, so I don't think I would be banking on any sale in the near future to help with medical bills.

 

Link to comment
Share on other sites

Jimmy C.

It was I who wrote the text re ungratefull etc not Gardener.

I was not referring to your wife an her family (I dont know your situation at all) rather some of the situations locally that I am aware of.

I apologise fo having upset you at a difficult time and wish you and your wife good luck.

Link to comment
Share on other sites

[quote user="Chancer"]

Jimmy C.

It was I who wrote the text re ungratefull etc not Gardener.

I was not referring to your wife an her family (I dont know your situation at all) rather some of the situations locally that I am aware of.

I apologise fo having upset you at a difficult time and wish you and your wife good luck.

[/quote]

Thanks  for the apology

I've  now   edited my post

Ive got a few  telephone numbers off  links from this site .

so we shall see .

Thanks again

Link to comment
Share on other sites

I know illness of this kind is a very humbling situation and causes upsets to families from both sides, may I suggest that your wife and brother visit their father in person and talk about the situation explaining the need for help and thoughts about raising money from the french house, it may have the effect your wife needs and possibly even bring the family back together; and if not, then at least the connection has been made from her side. 
Link to comment
Share on other sites

Sorry about the sums - yes, of course it should have been 4/6ths - one half plus one third of the other half. Apologies to all!

Believe it or not, I do have a degree in Maths, but having lived metrically in France for 14 years, maybe I'm better at percentages!

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...