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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]In France every descendant is guaranteed under law an approximately equal share of the inheritance. Some may view this as State interference, but at least everybody knows where they stand and there are no dashed expectations and betrayals. [/quote] What a crock of shit. There may be very good reasons why a parent my choose to disinherit or give lesser amounts to one child than another. [b]It isn't the "State's" business how someone divides their assets[/b]--one child may be disabled and require more money for long-term assistance, one child may have totally written off the parents during their lives, one child may have "borrowed" heavily from parents prior to death, one child may be an addict and the money will just go up their nose or into their veins. I don't yet know how I will divide my estate--or at least what is left of it after Uncle Sam gets ahold of my assets (I think big changes will come before I die regarding wealth distribution). I will have to see how life plays out.[/quote] Actually, the state gets involved all the time here in the U.S. You cannot, e.g., disinherit your spouse.[/quote] Similar laws exist in many countries with legal systems that arose out of European civil law tradition, e.g., many former Spanish and French colonies around the world. Part of the intent of these laws was to keep a guaranteed minimum within the bloodline. In other words, family money passed through generations of Sanchezes would not all end up with Sanchez #5's widow, Lady Rodriguez, rather than the Sanchez descendants. Another point of these laws is to decrease litigation and disputes over inheritance, and in that respect they work pretty well, in my experience. These laws allow significant flexibility, e.g. only a certain portion has to go to the "forced heirs" while a certain portion can be freely disposed, and they allow for people to disown their legal heirs, but it has to be done via a legal process. They also allow the testator to favor some forced heirs over others within a certain limit and guarantee a portion to the widow/er. They also permit some equalization of the inheritance if some heirs have received more than the others during the testators' life. To Americans it may seem anathema, but I grew up in this cultural context and to me it makes good sense. Unequal distribution among equally-situated heirs is minimized, though equal treatment is not required, as are the money conflicts. Significant inheritances have been distributed in my extended family without conflict or resentments, as everybody knows more or less how things are going to go and everybody feels they have some legal protection. The more you depart from equal distribution the more you end up breeding resentment, conflict, and division in the family. [/quote]
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