Who returns the deceased vehicle if he has not left a will?

In the “Great Savings Rendez-vous” (Capital / Radio Patrimoine), Nathalie Couzigou-Suhas, notary in Paris, responds to an auditor who wonders about her rights within the framework of a family succession. Capital video: Can my sister get my mother’s supervision without my agreement? © Capital – How are the material goods of a deceased shared? Save safeguarded Receive the alerts The big savings meeting each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, tax -owned, specialists in transmission – support you on all your issues related to your assets, whether inheritance, donations or taxation. Today, Nathalie Couzigou-Suhas answers Marjorie, who sent us the following question: “My sister has just opened our father’s succession to a notary. I would like to know who returns his vehicle, and if my sister already has the right to ride with it. In addition, my mother is placed in Ehpad, my sister obtained the tutelage without my agreement, and asked me for the sums that my parents gave me during their lifetime more than 10 years ago. “Concerning the vehicle of the deceased, used by the sister of Marjorie, our specific guest:” The notary’s mission is to apply the law and check the existence of a will. In the absence of a will, the car belongs to the succession. The heirs will each be entitled to half the vehicle, and it will be necessary to agree with who becomes the holder. Marjorie’s sister has no more rights than her on this property, unless a will explicitly designates her. In the meantime, she cannot use the car without agreement and must check that it is insured to ride with. ” In case of supervision, the whole of the family must in principle be consulted by the judgesur the question of guardianship, Nathalie Couzigou-Suhas is more skeptical: “If a guardianship has been put in place, it is a judicial act in which the judge of the guardianship designates the person capable of managing the affairs of the deceased. Normally, Marjorie should have been informed, because all children must be summoned to discuss this appointment. It may be rather a future protection mandate, which does not require a consultation of the heirs before its implementation. “Finally, concerning the sums due to the EHPAD, the expert recalls the principle of food obligation:” There are departmental aid for accommodation for the elderly, but these aids are recoverable on the succession or on the donations made in the 10 years preceding the request for aid. The State considers that it is a temporary allowance, which can be reimbursed if the resources of the succession allow it. ” Before making donations, advice is essential: “It is always good to help the next generation, but you have to be careful not to be too far and anticipating future costs”, recalls Maître Couzigou-Suhas. In conclusion, Marjorie must be closer to the notary in charge of the succession to clarify the situation on the vehicle, the supervision and the possible recovery of the aid paid. Read also: Savings: “What placement to favor if my booklets are on the ceiling?” Ask our questions to our experts a question about your investments, a succession, your taxes or your real estate investments? Each month, we select several and submit them to our experts who will enlighten you on all the subjects that affect your money. To ask them your questions, an address: question@capital.fr Receive our latest news each week, the flagship items to support your personal finances. (tagstotranslate) The big meeting of the u00e9Pargne

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