Expat Community > France

dakota
Joined 2005
Posts: 8

Complicated French Inheritance Issue

19 years ago

My husband and I are Americans, living in France full-time for the past 6 years. We love it here and plan to stay! We own property here in the south of France (and no where else) and thus are subject to French inheritance/succession law. This is where it gets complicated. It is our second marriage and we each have children from our first marriage, but not together. My husband has one son, and I have a daughter and a son. All three children are adults, living in the US, in fact, one is CA, one in CO and one in PA. We have changed our marital regime to Communaute Universelle, which we think was a wise move. Our problem is that under French succession law, if my husband pre-deceased me, I would be able to stay in the villa (but possibly not be able to afford it), but would co-own it with my husband's son....this would not be good! Further, in my understanding, my children would share a 50% inheritance and my husband's son would get 50%...this also is not good. We would like for all three children to share equally but after the second death. We have received lots of mis-information in the 6 years. Our best thought was for each of us to adopt the other's children. We've been told that this cannot be done in France, as we are not French citizens, thus would it have to be done iin 3 different states in the US? Also, since we have no jurisdiction in any of the 3 states, would it even be possible to make an adoption? Obviously we need help in this matter. It doesn't keep us awake at night, but it is heavy on our minds and we are open to any and all suggestions. Thanks for any helpful advice/replies.

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