[WSBAPT] French Real Property - Testamentary Bequest to Only Some Heirs

[Natalie Kuehler]

Hello all,

I am looking for a referral or some advice on how proceed with estate planning where one of the assets involved is real estate in France.

Client, a single person, owns real property in France in addition to assets located in the U.S. Client has four children, but would like the French property to go only to two of them (the others being provided for from the U.S. assets). I do know that France has a requirement that all children inherit a minimum percentage of a parent’s assets, but am wondering how that law applies in a situation like this.

Specifically, will the French authorities take into account all of estate assets, including those in the U.S., in calculating the minimum inheritance percentages per child, such that my client can distribute the real property in France to only two of her children without running afoul of French law? Or do they look only to the French assets, so that my client has no choice but to either (i) bequeath a portion of the property in France to each of her four of her children; or (ii) gift it in advance to only two of the children? The property value is low enough that it is below the estate and gift tax threshold under French law when devising/gifting it to only two children.

Any insights or referrals would be welcome - thank you!
Natalie




Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 – 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 – c (509) 557-5769
www.kuehlergrim.com<http://www.kuehlergrim.com>

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