Issues with Inheritance in Italy
Most aliens are unaware of some Italian statute limitations, which have no correspondent in the Common Law.
- Your share of inheritance must be formally accepted within 10 years: if you do not accept it within this statutory limit, you no longer may claim your inheritance.
- Paying taxes for the inheritance does not amount to formal acceptance of the inheritance: Italian jurisprudence has constantly affirmed this principle and only a formal public acceptance is able to avoid the 10 years statutory limit.
- Leaving the inheritance management to relatives does not protect you agains the statutory limit of the 10 years acceptance of your inheritance nor guarantee you against the usucapione in 20 years (adversial possession) after the acceptance of the inheritance.
Most of our clients are people who did not make any formal move in years and now they are confronted with the severe statutory limitations of the Italian law, which have little or no comparison to any statute in U.S. and therefore are unknown to our U.S. clients.
If you feel that you fall in one of these categories, call us today or write us an email explaining your case and we will provide you with proper advice.
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