Questions
- Why do you ask for ID?
- Will the information I send you be kept confidential?
- Can you send me the other heirs’ addresses?
- Is your company registered?
- Why are estates in France handled by notaries instead of attorneys?
- What are the steps involved in settling an estate?
- Who are legally considered heirs when cousins are involved?
- Can you send me personal documents or papers that belonged to the deceased?
- How long will it take to settle the estate?
- What are the assets of the estate?
- Are there estate duties or taxes?
- Do I have to complete the entire civil status questionnaire you sent me?
- Are you a member of any international organizations?
Why do you ask for ID?
When the file is submitted to the notary, he or she must be able to verify the heir’s identity via an official document in order to ensure the validity of the heir’s civil status. You can send a copy of your driver’s license, passport or other official document with your name, date of birth and photograph on it.
Will the information I send you be kept confidential
All information is used strictly for settlement purposes and will not be divulged to third parties. Our reputation depends on it!
Can you send me the other heirs’ addresses?
We are obligated to keep information confidential. We would, however, be happy to give them your contact information or a letter if you so request in writing.
Is your company registered?
Yes. NEQ (Quebec Business Number) 1162444294.
Why are estates in France handled by notaries instead of attorneys?
Under civil law, notaries have extended powers which include drawing up wills, settling estates and property transfers. The same is true in Quebec. In the United States (with the exception of Louisiana) and the rest of Canada, where the profession of civil law notary does not exist, these responsibilities are handled by attorneys. Inheritance law professionals appoint us to determine who the deceased’s heirs are as well as locate the whereabouts of the latter. We frequently undertake research in several countries to do so and incur expenses in order to accomplish these tasks. The profession of succession genealogist is highly specialized; we work closely with notaries and attorneys.
What are the steps involved in settling an estate?
We undertake the necessary research to locate heirs regardless of the country in which they reside. Once research is complete, we provide the notary with a certified family tree. The notary is then able to begin settlement, first by drafting the affidavit which contains, among other information, a list of the heirs.
The notary is then in a position to evaluate the assets (property, bank accounts, etc.) and liabilities (unpaid debts like rent or amounts due government organization, for example)
If property is involved, your written approval will be required to put the property up for sale. Its value is determined by one or more independent real estate agents. Once approval is received from all of the heirs, the property is put on the market. After the sale is finalized, the notary calculates estate taxes (for estates in France), settles any debts and determines each heir’s share.
You will receive your net share after deductions via check or wire transfer, per your request.
Who are legally considered heirs when cousins are involved?
In the case of cousins, the law stipulates that the estate is divided equally between the deceased’s maternal line and paternal line.
Can you send me personal documents or papers that belonged to the deceased?
Most of the time, personal possessions are no longer at the deceased’s residence. Furniture and other effects are sold to second hand goods dealers, etc. and the amount obtained is added to the value of the assets of the estate. Usually, personal papers are destroyed. However, if you use our services as soon as possible, we will do our best to retain the documents you describe to us.
How long will it take to settle the estate?
Please consult the chart on our website. It is not possible to give you a precise timeframe due to the numerous factors, such as the sale of property, involved in settlement.
What are the assets of the estate?
When we receive the file from a colleague or notary, we generally do not have specifics - we only have a vague idea of the assets, for example, that they include property and/or bank accounts. We only learn the specifics after the file is submitted to the notary and he or she has begun the settlement process. The power of attorney that you signed allows us to represent you at the notary’s and obtain specifics concerning the various assets, whether property or monetary.
Remember, if ever the liabilities outweigh the assets, you will never be required to reimburse any fees or expenses.
Are there estate duties or taxes?
In the case of an estate in France, there are estate taxes that must be paid to the French government. The rates are based on your degree of kinship.
There are also tax rebates which are calculated based on the number of children you have. It is very important that you complete the civil status questionnaire that we sent with the documents.
For estates in Canada, estate taxes have not existed since the 80’s. There are, however, taxes on capital gains at the time of death.
Double taxation is forbidden under various international agreements. For estates opened in France, the notary pays taxes to the ministry of revenue, which means that the amount you receive is net and you do not have to pay taxes on it in your country of residence.
Do I have to complete the entire civil status questionnaire you sent me?
No. We do, however, have to submit an accurate family tree to the notary and the questionnaire does allow us to complete it or verify information obtained during research. It helps us avoid filling out documents with erroneous information.
The questionnaire should be completed to the best of your ability.
Are you a member of any international organizations?
Our company is a member of the American Association of Professional Genealogists (www.apgen.org) and a corresponding member of the Chamber of Succession Genealogists of France, which was founded in 1947.