As mentioned regularly, a reform of inheritance tax should ultimately not occur as this subject is flammable. With the evolution of family structures, the aging of the population, and the valuation of heritage due to the soaring price of stone, the heritage becomes more complex to manage.
In the absence of a will or special provisions, the law specifies who will be the heirs in succession. There are many rules for determining who the heirs are. Whether the inheritance is for a single person, a brother, a surviving spouse, with or without a will, etc., here are some questions to ask yourself when you are in the process of inheriting.
Has the succession been organized upstream?
On the death of a person, it is essential to know whether the latter took special measures during his lifetime to organize the transmission of his assets, mainly to protect his spouse or favor a loved one. These specific measures will have taken the form of donations of all kinds, a change in the marriage contract, and a will.
In general, the notary in charge of the succession takes these steps. If this professional has not performed these acts on behalf of his client himself in the past, he queries the central file of last will provisions, commonly called the wills file. “These legal choices thus result in a precise succession organization with civil and fiscal consequences.”
What does inheritance tax cover?
It is a tax paid to the state on the part of the inheritor—the amount of these rights changes from 5% to 45%. Depending on the quality of the heir, deductions reduce the amount of these withdrawals.
How long do we have to pay these fees?
In practice, many inheritances do not give rise to the payment of duties. However, you must file a declaration of estate six months from the date of death. Because it takes several weeks to collect all the papers and documents of the deceased, identify the heirs, and have time to go back and forth with the bank and insurance companies if life insurance contracts exist.
Because of the net inheritance assets, it will be necessary to know whether the heirs agree to initiate the transfer of real estate that could help with the settlement of rights “. Note that “there is solidarity between the heirs when paying for these rights,” she adds.
Can we give up an inheritance?
Several reasons can lead to the waiver. First, there are large debts left by the deceased. “There is one case when your assets are less than your wealth. However, the heir can accept up to the net assets, which means that he does not pay debts that exceed the value of the deceased’s property “, explained one of the notaries.
Does the deceased write a will?
Whether the deceased has a will or not, there is some law that defines the order of heirs as mentioned below:
- If the deceased had no children and was not married, he could pass all his property on to people of his choice.
- If the deceased had children (whether married or not), his freedom is somewhat limited as he cannot disinherit them.
- You could not disinherit the spouse if the deceased were married without children.
Conclusion
It is an intimate subject, touching on death and the family, the special bond between parents and children, and the transmission between generations. But it is also a significant economic, social, and political issue. Inheritance involves a complex equation, where everyone’s legitimate aspiration to protect their loved ones collides with the collective hope for a more just society.
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