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Italian Inheritance Laws, Who Gets What?

The law of the sea.

Italian Inheritance Laws, Who Gets What?

Postby Coley » Wed Nov 30, 2016 5:53 pm

Dear Sir,

I have spoken with a 'notaio' friend of my aunts here in Genova, he indicated to me that, because my father passed away in the U.S. and because there were no properties or monies in Italy at that time, then my father's will would be applied to the U.S. laws. In other words I cannot claim anything. I am unsure as to why lawyers are telling me that I can claim but the notaio says that I have no chance at all? I apologize to bother with this again however I am at my witts end. Thank you very much.

------------------------- Followup To - Sir,

One more detail that was pointed out that I may have failed to mention: my mother was NOT an Italian citizen when my father passed away in 1998. She has only now become an Italian citizen. My father never renounced his Italian citizenship even when he acquired U.S. citizenship 3 months prior to his death. Both my sister and I are Italian citizens: my sister by birth and I have had my Italian citizenship for two years now. Sorry to bother and thank you very much for your help.

------------------------- Followup To - Dear Sir,

Again thank you very much. I apologize if I continue to ask you questions and take up your time. I have had my Italian citizenship for about two years now(naturalized because of my father), my sister was born in Milan. My mother has had her Italian citizenship for approximately a year now(she is an American by birth, daughter of Italians), she claimed it because she was married to my father who was born in Italy, and she required Italian citizenship in order to come and live here in Italy. Would you be so kind as to be able to recommend me a website or even how to go about finding a lawyer specializing in inheritence matters here in Genova? Again, thank you very much for all your help. You have been a great source of aid to me and my sister. Thank you very, very much.

Sincerely,

John Gavio

------------------------- Followup To - Sir,

Thank you once again. So if both I and my parents were to be American citizens then the law would not apply? I am not a U.S. citizen. My mother is both U.S. and Italian, my father was both Italian and received his U.S. citizenship shortly before his death. Does this then, in your opinion, constitute my sister and I not being entitled? My father never renounced his Italian citizenship. I will soon hire a lawyer, but I just was gathering information. Thank you and any further help/information/suggestions will be appreciated.

Thanks ------------------------- Followup To - Sir,

Thank you very much for the swift reply. I hope that I am not troubling you if I ask you how I am to proceed in order to claim my 25%? Do I have to go through a lawyer or via the giudice di pace? How complicated is this and how much time is involved? What problems may I encounter and what kind of documents might I require? Sorry for the many questions but I truly have no idea as to how Italy works. I thank you very much for your time and expertise.

Sincerely,

John Gavio

------------------------- Followup To - Dear Sir,

I am now living in Genova with my mother. My sister lives in Rome. My parents used to live in the U.S., my father died there in 1998. I wanted to know whether I am now entitled to claim any of my father's part of the assets(money, house now bought with the money). My mother contends that she inherited all of the assets and that neither my sister nor myself are entitled to claim anything. I have been told that when a parent dies 50% goes to the spouse(in this case my mother) and the other 50% goes to the children(my sister and I). Is this true? If so am I able to claim my 25%? Please advise. Any help would be most appreciated. Please email me at my address: [email protected]  Sincerely,

John Gavio
Coley
 
Posts: 36
Joined: Fri Feb 28, 2014 3:56 am

Italian Inheritance Laws, Who Gets What?

Postby Searlas » Thu Dec 01, 2016 3:11 am

- According to italian laws the children of an italian citizen are italian citizen by birth also in the case their mother is not italian citizen.

Best regards

Avv. Davide Santini
Searlas
 
Posts: 40
Joined: Fri Apr 04, 2014 11:54 am

Italian Inheritance Laws, Who Gets What?

Postby Frederik » Thu Dec 01, 2016 6:37 am

Generally speaking you as here of your father have the right to get your heritage share.

Otherwise there are a lot of different aspects to be considered in each case. Probably the notaio examined your situation much deeply proposing question and obtaining answers which clarified everything.

Please note that notaio as professional is usually much more experienced than a lawyer in inheritance law.

Best regards

Avv. Davide Santini
Frederik
 
Posts: 38
Joined: Mon Jan 20, 2014 5:54 pm

Italian Inheritance Laws, Who Gets What?

Postby Scandleah » Sat Dec 03, 2016 2:47 pm

- I suggest you to appoint a lawyer who deeply examine your position with italian law and jurisdiction.

Should you and your parents are american citizens the italian law could not be applicable.

Best regards

Avv. Davide Santini
Scandleah
 
Posts: 36
Joined: Mon Mar 03, 2014 12:30 am

Italian Inheritance Laws, Who Gets What?

Postby Burlie » Mon Dec 05, 2016 4:38 am

- If both your parents are italian citizen the italian law is applicable. I do not know your citizenship but you are italian citizen iure sanguinis(son of italian citizen)and citizen iure loci of the country you was born.

If all informations you gave me are correct your sister and you are fully entitled to act as heres with full rights against your mother.

Best regards

Avv. Davide Santini
Burlie
 
Posts: 46
Joined: Wed Jan 01, 2014 5:16 pm

Italian Inheritance Laws, Who Gets What?

Postby tredway » Mon Dec 05, 2016 8:40 am

- I suggest you to ask Ordine degli Avvocati di Genova www.diclemente.it/avvgenova the Lawyer Association will indicate you the lawyers specialised in inheritance law based in Genoa.

Best regards

Avv. Davide Santini
tredway
 
Posts: 49
Joined: Thu Mar 31, 2011 11:42 am

Italian Inheritance Laws, Who Gets What?

Postby Flurry » Mon Dec 05, 2016 11:18 pm

Dear Sir,

I have spoken with a 'notaio' friend of my aunts here in Genova, he indicated to me that, because my father passed away in the U.S. and because there were no properties or monies in Italy at that time, then my father's will would be applied to the U.S. laws. In other words I cannot claim anything. I am unsure as to why lawyers are telling me that I can claim but the notaio says that I have no chance at all? I apologize to bother with this again however I am at my witts end. Thank you very much.

------------------------- Followup To - Sir,

One more detail that was pointed out that I may have failed to mention: my mother was NOT an Italian citizen when my father passed away in 1998. She has only now become an Italian citizen. My father never renounced his Italian citizenship even when he acquired U.S. citizenship 3 months prior to his death. Both my sister and I are Italian citizens: my sister by birth and I have had my Italian citizenship for two years now. Sorry to bother and thank you very much for your help.

------------------------- Followup To - Dear Sir,

Again thank you very much. I apologize if I continue to ask you questions and take up your time. I have had my Italian citizenship for about two years now(naturalized because of my father), my sister was born in Milan. My mother has had her Italian citizenship for approximately a year now(she is an American by birth, daughter of Italians), she claimed it because she was married to my father who was born in Italy, and she required Italian citizenship in order to come and live here in Italy. Would you be so kind as to be able to recommend me a website or even how to go about finding a lawyer specializing in inheritence matters here in Genova? Again, thank you very much for all your help. You have been a great source of aid to me and my sister. Thank you very, very much.

Sincerely,

John Gavio

------------------------- Followup To - Sir,

Thank you once again. So if both I and my parents were to be American citizens then the law would not apply? I am not a U.S. citizen. My mother is both U.S. and Italian, my father was both Italian and received his U.S. citizenship shortly before his death. Does this then, in your opinion, constitute my sister and I not being entitled? My father never renounced his Italian citizenship. I will soon hire a lawyer, but I just was gathering information. Thank you and any further help/information/suggestions will be appreciated.

Thanks ------------------------- Followup To - Sir,

Thank you very much for the swift reply. I hope that I am not troubling you if I ask you how I am to proceed in order to claim my 25%? Do I have to go through a lawyer or via the giudice di pace? How complicated is this and how much time is involved? What problems may I encounter and what kind of documents might I require? Sorry for the many questions but I truly have no idea as to how Italy works. I thank you very much for your time and expertise.

Sincerely,

John Gavio

------------------------- Followup To - Dear Sir,

I am now living in Genova with my mother. My sister lives in Rome. My parents used to live in the U.S., my father died there in 1998. I wanted to know whether I am now entitled to claim any of my father's part of the assets(money, house now bought with the money). My mother contends that she inherited all of the assets and that neither my sister nor myself are entitled to claim anything. I have been told that when a parent dies 50% goes to the spouse(in this case my mother) and the other 50% goes to the children(my sister and I). Is this true? If so am I able to claim my 25%? Please advise. Any help would be most appreciated. Please email me at my address: [email protected]  Sincerely,

John Gavio
Flurry
 
Posts: 54
Joined: Thu Jan 02, 2014 1:02 am

Italian Inheritance Laws, Who Gets What?

Postby Hwithloew » Fri Dec 09, 2016 12:41 pm

- According to italian law when a parent dies the wife is entitled to receive 50% the children 25% each one.

This law is applicable to italian citizen. In this case you and your sister are fully entitled to claim your share.

Best regards

Avv. Davide Santini
Hwithloew
 
Posts: 49
Joined: Mon Jan 13, 2014 5:57 pm


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