Hi, I was wondering if anyone could

lisa123 Image
07/08/2014 - 11:35

Hi, I was wondering if anyone could answer these questions for me or advise me of whom I can speak to about it.  I herited (one fifth) of a property when my last remaining parent died.  This was many years ago.  It is currently in a state of repair.Question 1: Can the property be sold without my consent?  ie If the other four descendants agree to repair/sell the property do I loose my say?Question 2: If one of the five descendants that originally inherited the property were to pass away what would happen to their share?Really need some help.Thanks Lisa

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Hello Lisa,  according to Italian law, to sell your share of erdedità without your signature, the other heirs must prove that you are dead, or that you gave to them, with a regular act of selling your share or you have given up your inheritance in favor of the other heirs - this law has value to any heir. -  if one of the heirs dies, his share goes to his children and his wife - if she has no children or meglie - goes to his brothers, divided into equal parts - if it has no direct heir, to be divided among the remaining heirs. more info , here >  http://www.notariato.it/it/utilita/guide.html see > Successioni  Ugo - 

In reply to by Ugo

Hello Ugo
Thank you for your information. I feel a better knowing that. The property concerned is small and old but I love it. It seems the other heirs have decided my opinion doesn't count. What if they try and sell it privately? What could I do? Are you a lawyer? Do you live in Italy? Too many questions? Sorry!!!
Thank you so much for replying I really appreciate it.
Regards Lisa

Hi Lisa , The opinions do not matter, no notary public, in Italy, it will record a sale, without the signature of all owners. No, I'm not a lawyer, but I take care of the property, for my work. and yes, I'm Italian. You have not said where the property is located, however, these are the coordinates of a lawyer who speaks English, to which you can turn  >http://www.milanoavvocati.eu/english.htmlhave a good luck , Ugo 

Yes, Lisa123, Rest assured that, as Ugo points out, the property cannot be sold without your consent. Notaries are extremely careful with those matters. In any case, to talk to a lawyer, particularly if you feel that the other heirs may be causing some trouble. Also,, you should start thinking what you want to do with your share. If the others do not want to properly maintain the property, it could easily go into a state of disrepair. And this will not help anyone. Are you prepared to buy the other shares? Are you able to look after the property. Ask yourself those questions and all this must be discussed with the other heirs. If you cannot find a suitable solution, then, no matter how much you love the property, it should be sold before it becomes a ruin. A "pro-indiviso" (when a property is divided into shares as a result of an inheritance) is not a good arrangement in most of the cases. Good luck!