by Anthony Alioto of Italianlaw.net

"When my grandfather was a young man he, like many others, went to America leaving behind his beloved Italia, his parents, brothers and sisters who continued to manage the farm in those difficult times surviving only after long hours of sweat and toil and the few dollars set aside regularly in America and then sent back to Italy. I never really knew what happened to the land and that house. Later on I found that after my great grandparents passed on that my grandfather's brothers and sisters continued to work the farm."

How many of us, still today, have heard this and similar stories?

Actually those who emigrated seventy to eighty years ago and even more recently, often left behind family, land and even houses that were never abandoned thanks to the economic support from immigrant family members living overseas. Frequently, those who found their "gold" in America and decided not to return to Italy, subsequently lost interest in the family property for which they and relatives still had a legal claim. (According to the Italian Civil Code under certain circumstances this meant that up to the sixth degree of kinship still held some rights.)

If a will does not exist, Italian law imposes what might be called "forced heirship", whereby certain relatives are entitled to a fixed proportion of a person's estate on death. Even if a will does exist, it must consider preset minimum quotas for certain member of the family otherwise the will would be considered null and void. For example, a spouse, married or separated, will be entitled from 33% to 50% depending on the situation. (For further clarification, see our simplified one page chart, below.)

Click to print chart

What does this all mean? Legitimate heirs may continue to step forward and only time can nullify one's rights. According to Italian law, there are temporal limits which may be lost if not exercised within a certain time frame. Thus, in the case of legitimate succession, if the relatives in the U.S. do not claim rights to their share, they may be lost forever to those who actually take possession of the property. A more complete description on the subject of "successione" may be referenced in the Italian Civil Code, Articles 565 to 585.

If, in a moment of reflection on the family's genealogy, you feel that a missing link from an inheritance point of view exists, it would be wise to look into the matter before the legal clock runs out.

About ItalianLaw.net
Italian Legal Language Services is a U.S. based Company offering assistance to individuals and attorneys on matters of Italian inheritance law, real property title searches, marriage and divorce proceedings in Italy as well as assistance on pensions and general administrative issues.

Shops/Stores

Italiansrus Gear
Proudly display the colors of Italy with these great products.

RomeGiftShop
Purchase souvenirs & gifts from Rome & Italy. Get FREE postcards from Rome.

Italian Charms
Huge selection of Italian charms and jewelry.

Italian Children's Market
Discover unique products that introduce the Italian language and culture to children.

Legend of La Befana
The perfect gift for young or old: a heart-warming DVD to see, hear and read in English AND Italian.

FORZIERI.com
The world largest online retailer for Premium Italian Fashions.