Succession: “How to share funeral costs with a child who refuses to pay?”

In the “big savings meeting” (capital / radio heritage), Nathalie Couzigou-Suhas, notary in Paris, responds to an auditor who wonders how to claim a participation in the funeral expenses of her late husband from his daughter.

Capital video: How to share funeral costs with an heir who refuses to pay?

• 
  

  To safeguard
  

  
  
  

  Saved
  

Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – accompany you on all your money questions. Today, Marceline explains that two of her husband’s daughters have given up the succession, while a third accepted it. But the latter refuses to participate in the funeral expenses that Marceline has advanced. What are its remedies?

According to Nathalie Couzigou-Suhas, notary in Paris, “Funeral costs are the maintenance obligation. Even if a person renounce the successionshe remains required to contribute to the funeral of her parent, unless the latter has seriously missed his duties ”. In other words, Marceline could, in theory, turn against the three girls, including those who have given up the succession. But, as the notary reminds us, “It is always better to look for an amicable solution”.

Be careful in the event of appeal to justice

In the absence of agreement, the family judge will decide. But beware, “It will distribute the invoice according to everyone’s income and resources. Thus, if Marceline has more important means, the judge could estimate that the girls must reimburse him a reduced sum only ”. Also, to appease tensions, Nathalie Couzigou-Suhas suggests another way: “An option might be to ask that the share of advanced costs comes to deduction from what each must receive the estate.”

Ask our experts 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: [email protected]