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Post by leclairon on Sept 18, 2021 11:07:42 GMT 1
If you have no family in France, is it possible to appoint (in a Will?) a person to come in and sort out the house, after death, to hand over to the Notaire? This would be like an executor, and can he/she be given a sum out of the estate (without paying 60% tax) for doing this? Similar to an Executor's fee in UK. Otherwise, who does one get to sort out the house, sell/donate furniture, take stuff to the dechetterie? Can I give someone the authority to do this and leave the Notaire to do the official stuff? Anyone else got this problem?
The beneficiaries of the Will, i.e. sale of the house,etc. would probably be relatives in the UK/rest of the world, who don't speak French, and are not able to easily travel.
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suein56
Member
Southern Morbihan 56 Brittany
Posts: 7,460
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Post by suein56 on Sept 18, 2021 11:42:57 GMT 1
Executors, per se, don't feature in French inheritance as the beneficiaries/family members inherit immediately following the death. They can refuse the inheritance later, if there are too many debts for example. The Notaire seems to (or should) act in a quasi-executor role.
What worries me is who will furnish the Notaire with all your Bank accounts, pension details, insurances etc etc unless you have made a comprehensive list of everything associated with your life here.
My close friend died in March and her inheritors live in the UK and the US so it was her UK based son who dealt with the Notaire. The son understands a small amount of French.
I had to help out as, although the Notaire spoke some English, all the paperwork to be completed was in French.
You are right to be making enquiries now.
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Post by Polarengineer on Sept 18, 2021 12:28:41 GMT 1
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Post by leclairon on Sept 18, 2021 14:29:04 GMT 1
Yes, thanks PE, that list is jolly useful. Sue, As for all the bank accounts, pensions, etc., they are all listed, with notes of who to contact, etc. but someone would have to come into our cupboards. In any case, I thought the Tax Office would probably supply that to the Notaire anyway.
What really worries me is the amount of junk that one accumulates. Someone needs to take charge of that and dispose of it.
If you leave it to a relative, not a first level reserved heir, I wonder if all junk has to be 'valued' because the person inheriting would have to pay tax on it. I suppose we could say that all the furniture should go to a charity - that might sort out the inside of the house?
We have thought that if one of us goes, then the other one has a head start to sort things out. If we both went together, heaven knows what happens. I seem to remember in UK law that if you both went together, then it was deemed that the younger one had expired last. I don't know if that applies in French law.
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suein56
Member
Southern Morbihan 56 Brittany
Posts: 7,460
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Post by suein56 on Sept 18, 2021 15:35:59 GMT 1
Sue, As for all the bank accounts, pensions, etc., they are all listed, with notes of who to contact, etc. but someone would have to come into our cupboards. In any case, I thought the Tax Office would probably supply that to the Notaire anyway. Excellent that you have made a list .. perhaps make a copy and give it the Notaire now ? No, the Tax office doesn't seem to contact the Notaire .. rather he asked for copies of details of all Bank accounts etc here in France. The tax office wait for the tax declaration which has to be made .. starting from Jan to the date of death. My friend's son had to contact the Pension service in the UK and her UK Bank.
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Post by catrose on Sept 18, 2021 20:40:50 GMT 1
There are different options…. If you pop your clogs without anyone in sight the marie will sort out funeral, activate social services and get your notaire involved. Expenses will be taken from your estate. Then there is the possibility of curatelle before your death, where you get a curateur to help you. There are professional ones, or you can ask for anyone you like to be appointed. This isn’t as all encompassing as tutelle which is for example for people with dementia. As far as I know you can set out what you wish them to do, and sign this with a notaire. Reasonable expenses are allowed. www.misesouscuratelle.com/curateur/There is also the possibility of appointing a fiduciary - basically putting everything in trust. www.notaires.fr/fr/immobilier-fiscalité/fiscalité-et-gestion-du-patrimoine/la-fiducieBut whatever option, you need to do a bit of organising to start with!
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exile
Member
Massif Central
Posts: 2,680
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Post by exile on Sept 18, 2021 21:57:06 GMT 1
Because of the complications of my personal situation I have prepared/am in the process of preparing letters to relevant authorities/bodies which only require the date and date of my death adding (three languages - which, depending on who survives me, might be a complete problem without my preparation).
I have even prepared the pre-addressed envelopes so that there is no confusion of what goes to whom.
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Post by leclairon on Sept 20, 2021 8:07:09 GMT 1
Thanks, all. Defo has given me some pointers on which we have to refocus. I need to read about the curateur in more detail but, that does sound similar to an Executor (?). We are going to go and see a notaire again. Sadly, our lovely, always helpful, notaire retired and we have been looking for another one with some English as OH French not fluent. I have run off the list which PE posted to keep with the copy Wills - very useful. I had sent away for the 'death of a proche' booklet from Le Particulier which I subscribe to anyway but the basic step-by-step PE list is great.
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Post by catrose on Sept 20, 2021 20:19:08 GMT 1
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Post by david on Sept 21, 2021 10:58:35 GMT 1
That is most helpful Polar Engineer. On the old FF someone (possibly Pomhorn) informed us that there are seven forms to fill in for a death. I wonder if someone can put the list on here.
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Post by elsie on Sept 21, 2021 12:32:48 GMT 1
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Post by leclairon on Sept 21, 2021 12:46:04 GMT 1
That's amazing, Catrose, that you found that! It does sound exactly what I need. I have run off a copy and will take with me to the Notaire to re-do our Wills. Thanks for that. Incredible that you don't find out about these things until you ask the question!
As for the 'Swedish death cleaning', I did have a smile. Whilst not a hoarder compared to the one programme I saw on TV, nevertheless we have loads of 'stuff' for moving/ditching. I have also started a gentle clean-up to sell/donate/ditch some of the things which we never use, a bit at a time. It is liberating to get rid of stuff!
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Aardvark
Non-gamer
Living in soggy 22 and still wondering what's going on.
Posts: 2,172
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Post by Aardvark on Sept 21, 2021 15:56:02 GMT 1
I just sold my tractor. Does that count? The cash will be stashed away to pay for my funeral (hopefully).
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Post by manonthemoon2 on Sept 21, 2021 17:39:06 GMT 1
I was pleased when I read a bit of this, in that it's about getting rid of clutter, rather than the act of cleaning a body after death 😳 I'm sure we all hoard some things that eventually get thrown out.
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Post by catrose on Sept 24, 2021 20:36:31 GMT 1
I’m only doing it when the mood strikes me (usually when its raining and I ought to be doing some ironing), and gentle sort out a tiny patch of the house. I find it enjoyable in an odd way to look through things that might not have touched in years, and remember the positive things, and then work out what should be done with them.. I’ve found that taking a photo allows me to get rid of a lot of things that realistically I know I will never need again - riding boots and hard hat for heaven’s sake, haven’t been riding for 30 years!
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