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Answered in 1 hour by:
6/1/2011
VerifiedDr. Andrew :
Yes, it was me answering that way. What you are talking about, though, seems not to be inheritance, but property.
I’ll try to explain. If the Deed of the house your ex husband bought has both names on, it means that the property of it was, since the Deed, shared between you and him.
In other words, it means that on the Deed is written: owners of the house are Mr. John and Miss Jane (and if there is no different indication, in Italy shares are equal, 50% each one).
So it is correct that you’ll get 50% of the house, but because this is (and was, since your husband bought it) your property share and not as your husband’s inheritance.
Technically, you don’t inherit anything from your ex husband. His estate was not the entire house, but just 50% of it, and you don’t inherit also part of it. If it was that way, you should have 75% of the house (your 50% + half of your ex husband’s share, so another 25%), but, as you say, you won’t get it, but just a 50%.
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I apologize if I gave you the impression of being polemical, it was not my intention. I just wanted to explain why I gave you the first answer.
About your last question, I’m afraid that you can’t do it: banks use to block accounts of a dead client until they receive an official declaration about who are his heirs, so I don’t think they would let you take money from there.
Anyway, if the problem is about “necessary expenses”, like funeral or cemetery, I’d suggest your husband’s family to talk with the funeral company about this: those are expenses considered “needed for the dead person”, and most banks has no problem on paying directly to the funeral companies their bills taking the money from the dead person’s account.
About your last question, I’m afraid that you can’t do it: banks use to block accounts of a dead client until they receive an official declaration about who are his heirs, so I don’t think they would let you take money from there.
Anyway, if the problem is about “necessary expenses”, like funeral or cemetery, I’d suggest your husband’s family to talk with the funeral company about this: those are expenses considered “needed for the dead person”, and most banks has no problem on paying directly to the funeral companies their bills taking the money from the dead person’s account.
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This is a list of the documents published by the Consulate General of Italy in London http://www.conslondra.esteri.it/Consolato_Londra/Menu/I_Servizi/Per_i_cittadini/Stato_civile/#divorce
and I'm afraid that they all need translating
and I'm afraid that they all need translating
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what your italian lawyer told to the relative of your ex-husband put me in doubt, so today I went to talk to the chief officer of the Weddings Register of the town where I live and he has confirmed that a legal proceedings in court is not necessary since some years. You just have to go to the Town Hall of Genoa with a translated copy of your divorce: they verify that it has not been done against Italian laws (and I guess it was not, being a divorce of a UE Country) and if they doesn't find anything wront, they register it. About the "rinuncia all'eredità" you can do it, and it would not affect with your half of the house, but it must be done by a Notary and I think it would be more expensive
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Sorry, my fault. I thought you were married in Genova. Yes, the Comune where you have to go is the one where you were married, so Savignone.
About responsibility, there is not a proper “obligation” to register the divorce. The consequence of not doing it is that, for Italian law, you’re considered as already married (widow, now).
And this means that you’re considered as a heir, unless someone proves that you’re not, because you are divorced. This – if you’re not interested, as you say, in your ex husband’s goods – can make things quite complicated and more expensive, because, i.e. for the house, you’d get one share of it, and you’d have to re-sell it to your ex-husband’s relatives (even without considering that someone could also say that you were trying to do a fraud).
If the question was if someone "materially" could have done it in your behalf, the answer is yes, having the divorce sentence translated, also your ex husband's relatives could register it.
About responsibility, there is not a proper “obligation” to register the divorce. The consequence of not doing it is that, for Italian law, you’re considered as already married (widow, now).
And this means that you’re considered as a heir, unless someone proves that you’re not, because you are divorced. This – if you’re not interested, as you say, in your ex husband’s goods – can make things quite complicated and more expensive, because, i.e. for the house, you’d get one share of it, and you’d have to re-sell it to your ex-husband’s relatives (even without considering that someone could also say that you were trying to do a fraud).
If the question was if someone "materially" could have done it in your behalf, the answer is yes, having the divorce sentence translated, also your ex husband's relatives could register it.
VerifiedItalianLawerAndrew and 87 other General Specialists are ready to help you
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