Blocked Probate, what are the solutions?

What is the deadline to declare his acceptance or waiver of the estate?

The Civil Code stipulates a period of 4 months for the heir to learn and think about his choice of the succession, unless the period is reckoned from the opening of the succession (Art 771 Civil Code). During this period, the heir has a delaying action to dismiss the claims of creditors in payment that will block their action.

But some problems may also arise after the choice exercised by the heir, be it a simple acceptance, an acceptance to the extent of the net assets or waived. What are the solutions to the heir who is shortchanged as a result of the choice he did?

 The option of the heir may be subject to defects of consent sanctioned by invalidity of choice for fraud (he was the victim of a lie), violence or error (section 777 Civil Code). This means that the heir who was mistaken about the extent of the estate, its contents, if he lied about the contents of the estate so that he renounces or otherwise he accepts, then that this is contrary to his interests, he may demand the nullity of his election.

Thus, according to Article 786 paragraph 2 of the Civil Code the heir who accepted simply be relieved of a debt he had just reasons to ignore.

 If at the expiration of four months provided by Article 771 of the Civil Code, one of the heirs had not made his choice, the situation may be blocked. When sharing the estate is governed by the ordinary rules of undivided: to be able to share the same estate or dispose of the component elements unanimity is required. This rule poses many problems at a time of life that crystallizes the family tensions. The division of an estate can extend over a decade and saw the anguish of families, so that sometimes the intervention of an experienced person in the field can quickly resolve the disagreements. Your lawyer can intervene to find a solution to the blocking of the estate. Often by applying a few simple principles.

Thus, Article 815-3 of the Civil Code allows the substitution, for a number of acts, the rule of the majority of 2 / 3 to the rule of unanimity. It is possible, since the 2006 Act to sell some furniture in the majority of 2 / 3 when it comes to paying debts and expenses of ownership.
 The assistance of a lawyer is, in this situation a great help that can show you how to proceed and accompany you during the different steps to take.

One innovation of the 2006 Act is the double penalty may be imposed on the heir who has knowingly concealed the existence of a joint heir. The heir guilty of concealment is regarded as receiver, he incurs the penalty of being deemed accepted outright inheritance, it cannot claim anything on the share should go to the hidden heir, nor the fruits and income relating to that unit.

The omission of an heir is a situation envisaged in Article 887-1 of the Civil Code which provides that the shares may be canceled for failure. That said the cancellation of sharing is complex and the heir has failed rather interest in applying to receive its share, either in kind or in value, rather than requiring the outright cancellation of the distribution of the estate. Your lawyer can help you assert your rights, please contact him if you are at an impasse.
 
A successor has not been contacted by the lawyer, the estate was divided, how to assert the rights of the heir to "forgotten" or an heir refuses to sign, how to unblock the situation?

Many solutions exist:

For example, an action questioning can summon the heir to take sides. At the expiration of the reflection period of four months a summons from the other heirs, a creditor of the estate or the State may require the Crown to take advantage silent, if no reply from the request and So within two months following the summons, the heir will be deemed acceptance silent pure and simple.

 The vices of consent can also be invoked against a share that can be canceled under section 887 of the Civil Code for fraud, abuse or error on the existence or amount of duties of those sharing or on ownership of property included in the mass for partition.

A lawyer can help you determine whether you enter one of these categories that meet strict conditions specified by the courts. Faced with difficult situations your attorney may diagnose errors that you may have been the victims during a succession.

He will then challenge them...

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