2746 Inheritance + Asset Tracking

Hi,

I have just returned from Italy where my father has just passed away unexpectedly. I have been informed by various people that they are sure that the apartment that he owned and purchased before marriage to his second wife was in my and my brothers names (we both live outside Italy) and that a contract of Ben Essere (Pre Nuptial Agreement) was signed stating that everything he owned before marriage would go to his family and anything she owned would be passed onto her family. I don't know if this has any legal standing in Italy. I have broached the subject of inheritance with my stepmother but she is being a bit vague we have just been told that it is being sorted out by a solicitor (whose contact details have not been given to me) and that it was to be split three ways with her having the Usofrutto on the property. Apparently there is no will, though if it is being sorted out by a solicitor I would have thought this might constitute some kind of will.

I am hopefully in the process of finding out if there is a pre nuptial agreement and whose name the apartment is in.

What I would like to know is.

1) How does Italian law work as regards Inheritance with a will or without a will?

2) Does a Pre Nuptial Agreement change anything?

3) Who is responsible for the ICI tax if the property is split three ways but only 1 person out of the three is living there. Are there any implications if the people who are not living there refuse to contribute towards it?

4) Am I right in thinking that filing a Denuncia di Reditto is just a paper exercise as there should be no tax levied as there is no income from the property.?

5) Does anybody have any experience as regards tracing other assets, Money in bank accounts, Buoni Fruttiferi etc. and how would these assets be split with or without a will?

6) What documents should we be requesting to see in order to make a claim on the inheritance (if there is any)?

7) Is it possible that we could be liable for any costs if we have not signed anything?

8) Are there any steps we should take to ensure that everything has been settled correctly?

Thanks in advance.

Category
Legal

Submitted by Anonymous (not verified) on Tue, 02/21/2006 - 06:50

I have just been informed that the there was indeed a pre nuptial agreement but that it stated that everything purchased etc. after marriage would be split. I can't quite see the point in this but apparently that's what it says.

Submitted by Anonymous (not verified) on Tue, 02/21/2006 - 07:05

Leone,
a first essential information, was your father italian?
Under the italian law a pre-nuptial agreement is not allowed if it is about the future inheritance.
In Italy are forbidden, among the heirs and between heirs and the person whose inheritance is about, all the inheritance agreements (patti successori) [B]before[/B] the death of that person.
Moreover, what do you mean with [I]"I have been informed by various people that they are sure that the apartment that he owned and purchased before marriage to his second wife was in my and my brothers names"[/I]
Have you ever signed a contract ?
Is there a will (in Italy or wherever) ?

Submitted by Anonymous (not verified) on Tue, 02/21/2006 - 07:18

Hi,

My father was Italian. The bit about what I have heard from people gossip for want of a better word was that it had been made known, not to me, but to others that everything he owned before marriage was to be kept to his side of the family i.e my brother and myself and no we have not signed any contracts. I am being told that there is no will but I don't know whether to believe it or not. I suppose I am basically trying to find out how I best proceed from here to get an overall picture of his assets and how legally and if it will be split.

Leone

Submitted by Anonymous (not verified) on Wed, 02/22/2006 - 09:08

Leone,
since your father was italian, the law ruling his inheritance is the italian one.
If he died without a will, his inheritance is divided in three equal parts among you, your brother and your stepmother (article 581 italian civil code).
So all the goods he had (real estates, money, bonds, shares etc) go to his 3 heirs, no matter when purchased, if before or after his second marriage.
If there's a will, you have to consider what's written there of course and if this will is void under the italian law.
There's a way to know if a death person made testament, because all the wills drafted by notaries and all the wills made public by notaries (pubblicati) are communicated to a public archive called Registro Generale Testamenti (RGT).
Therefore, if you want, it is possible to enquire the RGT and discover if your father made a will or if a will has already been published.
You need a document called "estratto per riassunto dell'atto di morte" (a sort of death certicate) issued by the comune where your father was living and then you have to send your request to RGT in Rome: they generally answer in 10/15 days.
My advice is to contact a notary who works in your father's town.
If you need more informations do no hesitate to PM me.