Ma\u00eetre Ronit ANTEBI, Attorney at Law in Cannes<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The rights of a surviving spouse vary depending on whether the deceased left behind descendants. These rights also depend on whether the deceased had children from a previous union and whether their parents are still living. The rights of the surviving spouse have been firmly established. Historically, these rights were minimal; the deceased’s parents would not hesitate to cast the surviving spouse out! Today, the surviving spouse is a full heir, a fact that does not always please the deceased’s children from a previous marriage… The cases handled by my firm show that the deceased’s children often feel sidelined from the estate, as their late father’s or mother’s spouse takes their place in the order of succession. This often causes friction, as there are suspicions that the marriage may have been arranged for financial reasons, leading to doubts regarding the true nature of the couple’s relationship. If the children are from the same union, the surviving spouse has the choice between a life interest (usufruct) in the entire estate or a one-quarter share in full ownership (Article 757 of the Civil Code). If the children are not from the most recent marriage, but from a previous union of the deceased, the surviving spouse has no choice: they receive a one-quarter share in full ownership of the estate. This solution has the merit of preventing family conflicts, as it avoids the need to jointly manage undivided property. In the absence of children from the couple or from a previous union, the surviving spouse inherits the entire estate (Article 757-2 of the Civil Code), while other relatives of the deceased (grandparents, brothers, sisters, etc.) are entirely excluded and entitled to nothing. Furthermore, the surviving spouse has the right to reside in the primary residence, including the furniture therein, for one year, and the deceased’s heirs shall be responsible for any rent if the property is leased. This rule does not apply if the couple’s primary residence belonged to a real estate investment company (SCI), even if the spouses were the only two partners.<\/p>\n
The rights of the surviving spouse<\/p>\n
In the absence of the deceased’s descendants:
\nIf both of the deceased’s parents are alive, the surviving spouse receives 1\/2 in full ownership, while each parent receives one-quarter.
\nIf only one parent is alive, the surviving spouse receives 3\/4 of the estate.
\nIf neither parent is alive, the surviving spouse inherits the entire estate.<\/p>\n
In the presence of descendants left by the deceased:
\nIf there are one or more children, all from the same union, the surviving spouse may choose between a life interest in the entire estate or a one-quarter share in full ownership; the children inherit based on this choice, either the entirety in bare ownership or three-quarters in full ownership.
\nIf one or more children are from a previous union of the deceased, the surviving spouse has no choice: they inherit a one-quarter share in<\/p>\n","protected":false},"author":2,"featured_media":1812901,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[235],"tags":[309,310,311,312],"class_list":["post-1812900","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legislation","tag-avocat","tag-droit-des-successions","tag-heritage","tag-heritier"],"_links":{"self":[{"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/posts\/1812900","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/comments?post=1812900"}],"version-history":[{"count":3,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/posts\/1812900\/revisions"}],"predecessor-version":[{"id":1813751,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/posts\/1812900\/revisions\/1813751"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/media\/1812901"}],"wp:attachment":[{"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/media?parent=1812900"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/categories?post=1812900"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newzyexecutive.fr\/en\/wp-json\/wp\/v2\/tags?post=1812900"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}