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claim your italian inheritance
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 enlarge 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.
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