hoping duchesse or anyone who knows about French OWs can help

[starrystarryknut]

Was reading thread old thread from duchesse about French "legitimate wife" and father's estate. Wonder if anyone can advise me... DF spent 20 yrs living double life with French woman, leaving DM with us 3 DC always on an excuse of "working away", "will send money soon", etc. It was hard, but also v sad as we grew older because became obvious DM was deluded about her prospect ("when DF retires, he will come home"). Well, it's obvious how it worked out.

Anyway, DF now married to French SM, for 5 years. She is barking (see my other threads on her avaricious, distressing hoarding activities). They have just moved to France with all her "things" and bought a house. I am so so angry with her. She has treated all 3 of us appallingly, the more so once she finally bagged him officially. Now they've moved we're not even allowed to know the new French address (except I do know, by sleuthing courtesy of Google Earth... I 'walked' around their new village till I found a house that matched the photo!!).

So my question is, my DF is 80 this year and SM is 55. In due course, inevitably, his time will be up. I used to say all I wanted from his estate were a few small family items, of no monetary value (a picture I associate with my grandfather, a painting he bought my MOTHER for an anniversary, a carved box that used to have my grandmother's bridge cards in it). But now, I feel so angry, I feel like I will take this woman for everything she's got (she has not worked one single day since the day she bagged DF). DF made my mother sell our family home from over our heads and took the proceeds to support French OW in a luxury Paris apartment. I have an inkling that now that they live in France, my DB and DSis and I might have some claim under French law even if he hasn't made a will or the will gives it all to her. I really feel like I would stake our claim.

Can anyone fill me in on where we stand with this?

[CheeseFondueRocks]

Maybe post this in "Legal"? You need to know which county's law applies if your father lives in France and dies there. Then you need to know what exactly the law there is. I don't think you would ever have the right to certain items. That would depend on the goodwill of his wife unless he's made a will and wants you to have them.

[scallopsrgreat]

You seem to be glossing over your father's part in this quite a lot and putting blame at your SM's feet when really it was your fathers truly appalling behaviour that has caused all the problems. He's not very 'D' is he? You are directing your anger in the wrong place. Not saying she hasn't behaved badly too but it is most definitely a situation of your father's making and she is another pawn in that drama.

I am not a legal eagle but I would imagine you wouldn't have any claim on anything that was hers. Are you thinking he is going to leave everything to her in his will? It might be worth posting in Legal for the legislative aspects of this.

[starrystarryknut]

Thanks Cheese. The reason I posted here was that I read Duchesse's quite long thread about an issue very similar. And also, it is still a relationship issue, because this woman and DF have seriously f*d with my 2 siblings and me mentally. It is a very confusing state of affairs. I am hoping to catch the attention of duchesse (who has experienced similar) or at the v least some of the nice people who helped me on the hoarding thread. They have settled in France.

[starrystarryknut]

Scallops trust me I lay very much the blame upon my father. There is a huge avalanche of anger everywhere in this. But in very straightforward legal terms I think the balance shifted when they moved to France. I believe the law is very different there and that children cannot be disinherited. I was just hoping to catch the eye of someone with known experience.

[tribpot]

I found this - hopefully someone will be along to confirm or deny its correctness. I would read it as meaning you and your sibs would inherit 75% of his estate and his spouse the remaining 25%. Providing he remains resident in France, of course - I could see him trying to pull a fast one if he realises this aspect of French law. However, only half of shared assets will be deemed to be 'his estate'. So she's quids in despite the inheritance laws.

Worth noting, however, the special rules applying to family heirlooms (e.g. your grandmother's box) where the spouse can make a claim for them - you could find you inherit some dosh but lose the things you really want from his estate.

They both sound appalling.

[cantreachmytoes]

Normally in French law children are entitled to certain percentages of their parent's estate. Wills can be written, but they are not always upheld if they go against the children.

I don't know how it works with your situation, but that's the general law.

My French family found it shocking to the point of not believing me when I told them my parents could leave me nothing in their wills and donate everything to charity.

[BikeRunSki]

Why don' t you pm Duchesse ?

[starrystarryknut]

Thanks Tribpot that's interesting. Yes, it's pretty poor from both of them. Fortunately we are all doing ok. We don't need her stuff, I just feel like a rebalance of the scales of justice are in order.

[starrystarryknut]

Bike I don't know how to do that. I am not very long time on here.

[Liara]

Are they legally married? If so, did they get married and under what regime?

There are a few different legal regimes you can get married under in France. This will affect how the estate is deemed to be owned.

In the case where it is all owned in common, then you would have equal rights to your father's portion of the assets, which would be 50%. So she would keep her 50% of the assets, plus 25% of your father's allocation, and each of you would have 25% of his allocation, i.e. 12.5% of the total assets (assuming he has no other children).

I believe, however, that she can retain the use of at least some of the assets for the rest of her life, even though it would legally be yours. But I'm not completely sure whether that is the case or not.

[BikeRunSki]

Starry, at the top of the page, under the MN banner there is a purple rectangle that says " inbox". Click on that. When the next page.opens, click on the button that says " send new.message" or something similar. It'll open up a template for you to write a message. At the top there is a bar that says "To", that is where you write the name if the MNer you want to contavt, then.write the message and click.send. Duchesse will receive the message in.her MN inbox and the "inbox" envelope logo will get a red dot on to show there is new mail. When she replies, you will get a little red dot too.