Hi, I hope someone can help.My

04/16/2019 - 06:18

Hi, I hope someone can help.

My fiance was born in the UK but has Italian nationality and passport.

His parents were Italian, born and raised near Udine then moved to the UK around 50 years ago, they moved back to Italy around 20 years ago I think.

Anyway - my fiance's mother died a long time ago, his father passed away in Italy 3 years ago. My fiance and his father had lost touch at this point but we found out from my fiance's niece. We were then contacted by the niece again a couple of weeks ago to say that her father (my fiance's brother) had also died - in the UK.

Now, my fiance went to the funeral and his brothers ex partner mentioned that his brother had tried to get hold of their father's estate when he had died, but as the only two surviving family members, both had to "sign for it" (her words) so he didn't bother as he didn't want to have to speak to my fiance. So, the estate is "still in situ" (again, her words).
He did also find out that his father had apparently transferred 20,000 euro to the brother a few years before he died, as he was over the limit to be eligible for free home care, so we have no idea how much money, if any, the father had at the time of his death.

Is there any way my fiance can get access to whatever estate his father left? He had no will apparently, by the way, and owned no property.

Or is it too late now?

Topic

Legal

Comment

here you really need a lawyer!

You must be a civil party, at the competent court, and a private citizen, in Italy, can do this only through a civil lawyer.

I can suggest Simona Pellegrino, at >> http://www.milanoavvocati.eu/

which has the advantage for you of being specialized in family law and speaking English.

Thank you very much for the recommendation.

We just don't know where to start so that is very helpful, thank you again.

So your fiance is the only surviving relative? (there are no wives or other children of offspring?) Under italian law each death has a succession, so here there will be at least 2 to do - which have a cost. If your fiance is sure that he is the only possible heir, he can go to an Italian notary and start the process, but without knowing whether there is anything to inherit. Even though bank accounts should be frozen when someone dies, there seem to be alot of cases where the nearest and dearest manage to empty the account long before the succession is finalised. Whatever you do, notary or lawyer as Ugo suggests, it is going to cost you money to get to the point where you find out if there is anything to inherit.

If the succession goes spouse-children-anyone else, then yes he is the only surviving relative, aside from his niece and a couple of cousins.

I have been in touch with the lady that was mentioned by someone above; what is the difference between a lawyer and a notary and is there a cost difference too, does anyone know?

The brother had a will by the way, he died in this country and has left his estate to his daughter and step daughter.

But Modi, is not that a person without any qualifications, can go from bank to bank to ask if he had an account there, there is in Italy a privacy law, which the banks respect, above all against those who do not know at all.And it is not even certain that the person who has emptied the accounts or has stolen something from someone, is willing to tell his misdeeds to a possible coexistence

I would suggest a lawyer then, the reason being that ifthe first succession was not done, then the brother was an heir only on paper, and whether his daughter has a right to any legacy is a legal matter.

We spoke to the brother's ex partner last night, who is going to his house to find the father's death certificate (as she hasn't got a copy herself).

We asked if she knew how far the brother had got with trying to get hold of his father's money, and also how the father's financial situation seemed to be at the time of his death and her reply said "I know (father) was having to transfer money out of his account to keep below the financial threshold for free home care, but I don't know what the limit is, as far as I know (brother) had gone to dad's bank whilst he was over there (after dad had died) but they said he and (my partner) had to both sign forms to gain access to the money".

So it seems he just went to the bank my partner's father banked at? My partner knows which one it is, as he's been there himself in the past and there's only one bank in the town the father lived in. This all seems strange to me - unless the brothers ex partner is getting things wrong.

Anyway. I did contact an English speaking notary for the district the father died in, but as someone above suggested lawyer being the best route, I think I will continue with the lawyer.

Thank you all.

IMMEDIATELY ASK the bank COORDINATES ( phone-email) , it is absolutely necessary that someone, you too - contact the bank NOW, sending at least a birth certificate showing your status as heir - in this way the bank is forced to STOP IMMEDIATELY any transfer in favor of anyone

Thank you, but this was back when the father died, which was 3 years ago so if he has done it, it was done a long time ago :(

The problem was, we got a message to say my partner's father had died and no contact before or after that, so we assumed that there had been a will and my partner had been left out of it (we didn't understand Italian law at that point). If we had known that my partner would have been automatically entitled along with the brother who has since passed, we would have started the succession procedure a long time ago.

Could we phone the bank and ask if the father's bank account had been frozen after his death, or under Italian privacy laws would they not be able to tell us that?

To get an answer from a bank it is necessary to prove, with certain documents, one's right to know - for this reason I suggested an adequate document - for example a birth certificate, where the parents are written - according to the Italian law, the father cannot disinherit the children - it is for this reason that sometimes the father SELLS to one of the children - or MAKE A DONATION (but the donation can be the opposite, in case of death of the donor, before the expiry of the 20 years )

Ok. Thank you. I will try contacting the bank with my partner's birth certificate and see what the lawyer can do in the meantime. Thank you everyone for your help.

also send the certificate to the lawyer

I will, thank you.

Ok. Thank you. I will try contacting the bank with my partner's birth certificateYour partners - with is passport and birth certificate CONTACT THE BANKyou do not have no rights, against the property of your partner's father !!!!