Alimony, death and inheritance

Alimony, death and inheritance

"After 40 years together, my husband and I decided to separate. The judgement ordering protective measures for the marital union ordered my husband to pay me alimony. Unfortunately my husband died suddenly and I find myself in a precarious financial situation. What's more, my husband has named someone from outside the family as heir to the available portion and this person is blocking the succession. What can I do?"

Jeanne, Geneva

The obligation to provide maintenance ceases on the death of the debtor, so it is normal that you should no longer receive maintenance payments from that date.

However, art. 606 CC allows heirs who, at the time of death, were being housed and fed in the home and at the expense of the deceased, to demand that the estate bear these expenses for one month; insofar as you were living apart at the time of death, this legal provision is of little help to you.

In terms of your inheritance, art. 602 of the Civil Code provides that if there are several heirs, all the rights and obligations included in the estate remain undivided until partition. The heirs jointly own and dispose of the assets of the estate, with the exception of rights of representation and administration reserved by contract or by law. Your problem lies in the fact that you do have a right to your late husband's estate, but you cannot benefit from it at the moment.

Under art. 604 of the Civil Code, each heir has the right to request the division of the estate at any time. In your case, it is in your best interests to have this division carried out quickly, and the best solution is to bring an action for division before the Court of First Instance as soon as possible.

In a case such as yours, it would be preferable for you to be assisted by a lawyer for the legal proceedings, but also to advise you in particular on possible security measures to safeguard the assets of the estate and to check that your reserved portion of the estate has not been infringed. Since, as you say, your financial situation is precarious, you can apply to the same Court for legal aid to cover your legal and procedural costs.