How much will people filing to Court have to pay for civil procedures? Civil cases: summary and simplified procedures With the approval of the Cartabia reform and law # 197/2022, from March 1st, 2023, declaratory summary proceedings will be replaced by simplified procedures as per art. 281 decies and ss C.P.C. Citizenship by Descent, new […]
Autore: Giulia Prosperini
I'm Giulia and I'm the Marketing Manager for My Lawyer in Italy. Having been born and lived in Orvieto all my life, I am very much aware of the appeal and historical charm that the country of one's own ancestors evokes. I joined MLI after completing my studies in Foreign Languages and Literature for International Communication.
No-appointment cases: do local courts in Italy accept dual citizenship applications from people who have not been able to book on Prenot@mi?
This change in legislation has raised doubts about how local courts will rule on issues that are new to them, whilst familiar to the Judges of the Court of Rome. Prenot@mi online system: Court of Rome and Local Courts of Italy However, after a precedent set by MY LAWYER IN ITALY® in 2018 with a […]
Local Courts in Italy: Dual citizenship success in Bari
This result is a real boost for future hearings in local courts in Italy. Since June 22nd 2022, all Italian dual citizenship proceedings must be submitted before local courts, not the Court of Rome. Dual citizenship hearing: how the judges ruled in Bari is even greater, given that the submitted documentation had discrepancies – both […]
Inheritance and succession: how to become a legitimate heir
In the above-mentioned case, the applicants were considered legitimate heirs after the sole declaration of succession. Inheritance controversy: status of legitimate heir The Court of Cassation with the order n. 30761/2022 ruled that the status of legitimate heir does not solely depend on paying inheritance taxes. The only way to become a legitimate heir is […]
Dual Citizenship: first hearing dates in the local courts of Italy
Since June 22, 2022, Italian dual citizenship applications must be submitted to the local courts of Italy, rather than the Court of Rome. One of the motivations for the reform is to make the judicial system operate more quickly. The shift to the local courts will reduce the burden on the Court of Rome, where […]
Courts of Italy: how judges approach documentation discrepancies
On June 22, 2022 a new legislation regarding Italian Dual Citizenship has been introduced. To date, applications to get Italian Citizenship must be submitted to the District Court of the town where the Italian ancestors were born, and not to the Court of Rome. This change in the way American citizens with Italian ancestors can […]
The Minor Case: the approach of Local Courts of Italy
In Italian dual citizenship, a case is a Minor Case if an Italian parent naturalized after his/her child was born. Though the child was a minor, they lost their Italian citizenship. A New Approach to 1948 Cases by the Court of Rome +1 (800) 205-9142 (U.S. & Can) inquiry@mylawyerinitaly.com
Sale of inheritance assets: When the consent of a Judge is necessary
A Judge’s consent is necessary when heirs accept an inheritance with the benefit of inventory (art. 484 c.c. e 747 c.p.c). This provides the heirs protection if the inheritance included several debts, because it allows them to pay solely with the estate of the deceased and not their own resources (art. 490 c.c.). Inheritance Issues: […]
American citizens living in Italy: How to buy a second home in the Peninsula
The historical charm, quality of life and good food in our beautiful country are not the only things that draw Americans to Italy. To date, MY LAWYER IN ITALY® has helped American citizens inherit assets and properties in Italy they sometimes didn’t even know existed. Our team assisted them through the whole succession process, from […]
A.I.R.E. – Registry of Italian Dual Citizens Abroad
Dual Italian Citizenship: who needs to register with A.I.R.E? 1. If you are born in Italy and plan to live in another country for more than 12 months; MY LAWYER IN ITALY® helps many new Italian dual citizens register to A.I.R.E to give them access to Italian Government services and apply for Italian passports. Read […]
Italian inheritance: who has to certify the death of an American citizen with estate in Italy?
A formal proof of death is the first requirement that has to be met when a person dies and an inheritance is involved. The standard way to certify a death is through a death certificate. But what happens when an American citizen (not a dual citizen) dies and leaves an estate and assets in Italy? […]
Dual Italian Citizenship: Courts start ruling after new citizenship legislation
On June 22, 2022, new legislation regarding Citizenship by Descent became effective (art. 36 law 206/2021). Proceedings for the establishment of Italian citizenship must now be submitted to the District Court where the Court of Appeal of reference for the ancestors’ native town is located. Court of Venice: the first decision after the new legislation […]
Dual Italian Citizenship: Registering additional petitioners
When applying for Italian dual citizenship, it’s best to turn to an Italian firm that knows how to navigate Italy’s complex legal system. MY LAWYER IN ITALY® will assist you throughout the process, from your first free consultation to filing your case to the court and helping you with A.I.R.E. registration once citizenship is granted. […]
Dual Italian Citizenship: How to get your B1 Language Certificate
of the requirements of the latter is that spouses of an Italian citizen get a B1 Italian Language Certificate. B1 Language Certificate: What is it? is mandatory for getting dual Italian citizenship Jure Matrimonii. B1 Language Certificate: Where and how can you get the certificate? Italian cultural institutions in the U.S.A. (or other country they […]
No-Appointment Case: Can I turn to another Consulate for an earlier appointment?
More and more people are deciding to start their journey to acquire dual U.S./Italian citizenship. The standard route for people residing outside of Italy is to submit accurate documentation to their closest Italian Consulate. However, many Italian Consulates are currently unable to provide a timely appointment date. They may have no appointments at all, and […]
Apostille: What is it and where can you get it for your Italian dual citizenship?
hat is an apostille, exactly? Apostilles authenticate seals and signatures on public documents such as birth, marriage, and death certificates so that they can be recognized in foreign countries. Apostille: which authorities issue apostilles? State authorities, such as the Secretary of State, authenticate state documents such as vital records – birth, death, and marriage certificates. […]
Italian dual citizenship: how to check you have a 1948 case
Before this rule came into effect, Italian dual citizenship jure sanguinis could only be claimed through one’s male ancestors. The citizenship law enacted in 1912 only allowed women to hold citizenship, and not pass it to their children. Since then, if you have one or more women in your blood lineage, you have the right to apply […]
A History Lesson about Liberation Day
Who were those brave soldiers that died to grant a future of freedom to our country? We may not know their names, but we remember them in our hearts. They could often speak Italian, had grown up in an Italian American environment and still had families and roots overseas. Thus, when asked to fight in […]
Italian Dual Citizenship: Do I have to speak Italian to apply?
Ability to travel, work and live in other EU countries A European passport Right to vote in Italian elections However, when applying for Italian dual citizenship, many people have lots of questions. For citizenship by descent: NO. Although it is not mandatory for those applying for Italian citizenship by descent to speak Italian, it is […]
The Legend of Ellis Island
Ellis Island will always be more than a museum alone: it is a symbol of the bright American dream. As well as the stories of those who crossed the ocean to pursue a better life, there is an ongoing genealogy an dual citizenship myth. Many immigrants changed their names themselves to what they imagined were […]
Italian Real Estate: Can Americans buy property in Italy?
Is it possible to buy property in Italy without dual citizenship or without Italian residency? Although not all non-EU residents can acquire property in Italy, it is perfectly legal for Americans because of a reciprocity treaty between Italy and the United States. This agreement allows Italian citizens to buy property in America and vice-versa. Those […]
Tony Soprano’s Will: Italian and American Inheritance Laws
Beyond the high asset value (estimated at $70 million), many experts found hiw will to be poorly constructed, due to unwise tax planning and inadequate real estate structures. According to the terms of Mr. Gandolfini’s will, a home he owned in Italy was to be split equally between Michael – Gandolfini’s first son – and […]
How suppressing a will can lead to being excluded from succession
The court outlines two conditions for this sanction to be applied: b) the voluntary destruction of a will. In cases where an heir is accused of destroying a will, destruction of the document (even if the holder is not aware of its content) is sufficient grounds for exclusion from succession. The doctrine does not apply […]
Joint bank account succession: how it works and how much you pay
The first steps to take in a succession for joint bank accounts are the same as in any other succession, i.e. declaration of succession to the Italian tax authority. The declaration is made by the heirs, or an appointed delegate through a power of attorney, to the authorized (and local) revenue agency (in Italy, Agenzia […]
What happens if a Declaration of Succession misses its deadline?
By law, succession must be declared within 12 months of its opening (generally considered the date of the testator’s death), with penalties levied for both delays and omission. Despite the threat of sanctions, delays do occur owing to lack of interest, discord between heirs, and a desire not to pay the related taxes. In cases […]
Mandatory Declaration of Succession
What is a declaration of succession? In cases where there are multiple heirs to the estate, only one submission declaring succession is required. If real estate is involved, recording the transfer of deeds in a land registry is also necessary, and involves a series of taxes. The declaration of succession is a legal obligation, and […]
No tax obligations on those renouncing inheritance
Italian Supreme Court Rules No Inheritance Tax on those Renouncing Inheritance According to the judges, “a person called to an inheritance, who has validly renounced it, is not liable for tax debts of the deceased, not even for the period between the opening of succession and the renunciation even if they are among the successors […]
The work and life of American citizens in Italy
Work and life of American citizens in Italy American citizens looking to relocate to Italy for work, temporarily or permanently, must first obtain a work permit from their prospective employer. Once obtained, this permit allows them to apply for an entrance visa to Italy through an Italian consulate in the United States. In most cases, […]