Italian Lawyers online. The largest legal portal for Italian lawyers.

Inheritance: how to divide the deceased's assets when there is no testament

It often happens that those who die have not made a will

In these cases, the law establishes rules for dividing the assets of the deceased among the relatives surviving

The estate is also separated spouse if the latter has not been at fault in the separation, in the judgment of separation.

This obviously does not apply in the case of a divorced spouse. - If together with the spouse, surviving children (legitimate, natural or adopted), it is necessary to distinguish:) if the child is only one: a half of the assets of the deceased passes to the spouse and the other half to the son) if the children are more than one: one of three of the estate passes to the spouse and the remaining two or three shall be divided in equal parts among the children.

- If there is no surviving spouse and there are only one or more sons, the estate passes in its entirety to the son only, or, in equal parts, to all the children.

Also in this case, nothing passes to the brothers, sisters or other relatives. grandchildren, i.e. children of its children), the whole of the estate passes in equal shares, to the latter.

- If the deceased survive, the spouse and brothers or sisters from the legitimate (or their descendants) or parents, and, at the same time, there are no children (or the children are not surviving), or other descendants (such as grandchildren): two three of the inheritance goes to the spouse and one of the three to the brothers, sisters and parents.

- If the deceased leaves no spouse, nor children, nor other descendants, nor brothers and sisters, nor parents, but leaves other ascendants (e.g. grandparents), his property will go half to the ascendants of the paternal line and, for the other half, to the ascendants of the maternal line. This provided that the ascendants of equal degree (for example, if there are two grandfathers, one paternal and one maternal). If, instead, the ancestors are of a different degree (a grandfather and a great-grandmother), it inherits only the ascendant, the next highest (in this case, the grandfather). - If the deceased leaves only relatives from the third to the sixth grade, there are only those closer (for the first uncles, then cousins, great-aunts and uncles, etc) in equal shares. For example, the existence of an uncle (considered to be a relative of the third degree) excludes from the inheritance of the cousins considered as relatives of the fourth degree). If there are no uncles, but only three cousins and two great-aunts and uncles, all the goods are divided in equal parts between the cousins. When a son or a brother sister, which would be entitled to the inheritance or a share of the estate, renounces or dies before the deceased, his share is divided among his descendants. For example, if the deceased leaves two sons, Guy and Caio (each for a fee of fifty), and Caio renounce the inheritance (or die before the parent), the share of Caius is to be divided among the sons of Caius same (each of which will be then the twenty-five of the legacy of the total). - the severance pay, that is up to the spouse, children and any relatives within the third degree that were charged to the deceased and to any relatives of the spouse within the second degree, always at the expense of the deceased - the possible right to compensation for damages in the case in which the death occurred for a given act from the responsibility of others (e.g. a road accident).

- If there are no children, but other descendants (e.g

If the two spouses buy a piece of land (the land is registered to him) and they have six children and the wife is missing, he remarries and his second wife has six other children, at the time that he is missing who is to inherit and to what extent. Good evening, I ask an information: I inherited from a cousin of his died who had neither father, mother nor brothers and sisters, only cousins of the first degree, after so many years (being deceased in) owned a house and money engaged in good interest-bearing postal that, in time, ricapitalizzati. Finally in the month of September at c the lawyers and the notary have divided the money, the house was already sold, and who bought has distributed directly to the money with a private writing prepared by the lawyer. The heirs are twelve cousins and I all in life, for those deceased inherited by the children, dividing the part of the parents (so said the lawyer), we went to the notary has to sign the power of attorney of the thirty-first of August, to c, being that most of the heirs live in different cities of Italy. The lawyer who represent me, to me and to others, I sent the money via bank transfer, without documentation, how much capital, how much was the fees of lawyers and notary. I phoned to get information on the documentation such as it happened throughout the operation, I realized I taken aback, and I felt that was annoyed of my request, or he thought that wasn't enough, the take the money and I would be happy. promised, however, that I would send.

We are in November, is still not I received.

This money that I have received them I have to declare when I do the. and without documentation, as I do. if the lawyer didn't send me the required.

Thank you if you give me a reply good day, I just wanted to ask a question, just is missing my grandmother, who has two daughters, one of them is my aunt who has always lived with her in the house until death, the other one is my mother and having a family, is rightly is detached from the house where she was born.

my question is: that the daughters should have the same rights to know all of the movements of the pension of their mother or only a daughter who lived with her.

thank you from now if you gave me an answer Good Lawyer, I would like to ask you an information about the assets of my aunt recently, lacking.

Was a widow without children, grandchildren are ten, three by one sister and seven from the other sister, already deceased. Now the assets are divided to the there grandchildren in equal share, or, and this does not seem right, the fifty for the children of a sister, and fifty for the children of the other sister. I thank you in anticipation of your response. Greek.

I have a question.

My father has a sister who, in turn, has concluded a marriage with the sig. x going to be living in a property of my father's sister (aunt), the latter, already the father of a little girl. deceased father, aunt and her husband, who is the heir becomes the owner of the property. thanks If someone who dies has three brothers (the dead first) and then his nephews (sons of brothers), how to divide the inheritance. I would like to have also a normative reference. thanks good evening. if he dies one of the two spouses, without children, you can divide the legacy. or have to wait for that to be missing also other things, I was entrusted to my aunt and now there is no more is dead and not to the remaining heirs as children only the husband and two brothers now dead, also his father and left a legacy I or my uncle that is, the husband we have the right to some share of My father's partner died leaving voluntarily nothing to my brother (we are two) in the legal office as it is due.

Half of the whole or the share of the legitimate.

I Am married, I live with my husband in a house of his mother, he has no properties letterhead, but will inherit with his sister after the death of the mother, the mother is still alive. I would like to know if in the case of the death of my husband, our son and I will have something from the legacy of his mother, or only the sister of his own. thanks hello, I am in your same situation with the difference that my husband is dead, I am separated but not divorced and I have a girl child I don't know if you are able to inform you well if you let me know thank you For those who had an inheritance and then dies, who happens to that inheritance.