Succession: 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?

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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 nursing homes, my sister obtained the tutelage without my agreement, and claims me sums that my parents gave me their lifetime over 10 years ago. ”

Regarding the deceased vehicle, used by Marjorie’s sister, our guest specified: “The notary’s mission is to apply the law and verify 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 family must in principle be consulted by the judge

On 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 guardianship judge 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 the maintenance obligation: “There are departmental aid for accommodation for the elderly, but these aids are recoverable from the succession or from the donations made within 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 must be careful not to get too far from it and to anticipate 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.

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