France-Florida

[miamiparis]

Florida. My dad was a French citizen, he had a green card. Last time he was in Florida, he spent about 5 months there during the year. He died in France.
For his estate in France, should one apply Florida succession law or French succession law? He had an address in France, an address in Florida. He received his retirement in France. For his estate in USA (condo and bank account), is it my mother who will inherit everything?

 

[LdiJ]

Florida. My dad was a French citizen, he had a green card. Last time he was in Florida, he spent about 5 months there during the year. He died in France.
For his estate in France, should one apply Florida succession law or French succession law? He had an address in France, an address in Florida. He received his retirement in France. For his estate in USA (condo and bank account), is it my mother who will inherit everything?

Any assets in France would be controlled by French succession law. Any assets in a US state would go by that state's succession law. If your mother owned the condo and bank account jointly with him (joint with survivorship on the condo) then the US assets would belong to your mother. If he and your mother did not own the condo or bank account jointly then it would still go to your mother unless your father had children that were not also your mother's children. If your father had children that were not your mother's children then it would be 1/2 your mother and 1/2 the other children.

Of course, that is assuming that your father died without a will, which your question seemed to imply.

 

[miamiparis]

Thank you. Your response was very detailed and satisfying. I was trying to see if I could avoid paying around 8200 euros of succession rights to France plus notary expenses. But I see that I cannot. In France, it's different, the child inherit half of the deceased share, but has to pay succession rights.

 

[paprclip]

Thank you. Your response was very detailed and satisfying. I was trying to see if I could avoid paying around 8200 euros of succession rights to France plus notary expenses. But I see that I cannot. In France, it's different, the child inherit half of the deceased share, but has to pay succession rights.

In Louisiana it's pretty much the same, the children inherit (as opposed to a legacy) the decedent's one-half of the community. And like France Louisiana is a civil law jurisdiction, so there is no "right of survivorship" in Louisiana. (As a side note, approximately 85% of Louisiana's Civil Code is based on the Code Napoléon.)

 

[Just Blue]

In Louisiana it's pretty much the same, the children inherit (as opposed to a legacy) the decedent's one-half of the community. And like France Louisiana is a civil law jurisdiction, so there is no "right of survivorship" in Louisiana. (As a side note, approximately 85% of Louisiana's Civil Code is based on the Code Napoléon.)

Thank You for that little bit of totally irrelevant trivia.

 

[paprclip]

You're quite welcome.