Hi everyone!Complicated question(s),

Christine Molnar Image
09/05/2019 - 13:30

Hi everyone!
Complicated question(s), bear with me as I illustrate the problem.

I inherited Italian Property via a Sales Document drafted by my mother, before her death. I am American but I have my Italian citizenship

The originals of my mother's and father's wills are missing.
The wills only divided their American assets not any Italian property. There are copies of the wills but an Italian Attorney says that's not sufficient. Where as another Italian Attorney says it is??

A friend in Italy suggested I attempt in aquiring the property via Uscapcione. This was suggested to circumvent, creating "new wills". A nightmare, I'm told.

For Uscapcione we need an official document it's called a Family Certificate.

All my siblings were born in Italy and the Family Certificate is in Arena. I hope! My siblings don't want the property.

Could anyone advise the best way in getting this land in the most uncomplicated fashion?

How long does Ucapcione take?
What are the costs involved?

A huge thanks in advance!

Sincerely, Christine



I inherited Italian Property via a Sales Document drafted by my mother - what do you mean exactly? Was it a private sale or was it a sale stipulated by a notary? Also - was your mother italian?  If a will only provided for proeprty in the US, then property in ITaly falls under the Italian law,  assuming she was the legal owner.  Usucapione is lengthy and costly.

The sale was notarized and legalized by an Italian Notary in the US.
My mother and all my family are Italians
The property is still in her name in the Italian Land registry of Arena.
The original Attorney in Italy lost the original wills of both my parents. Italian law states the wills need to be Apostilled,legalized and notarized in the US.
Then sent to be filed in Arena
To get new wills it's very convuluded. Proving my mother's intentions without her alive is costly and laboured.
I payed taxes on the property through the history of this ongoing mess. Favorably accepted judicially if I opt into Uscapcione.
A friend says with the supporting evidence of an official notarized "Deed of Sale" it could fair better.
Than to resuscitate old wills.


Kind thanks


If you ignored the will bit, and just did the succession as required in Italy how many heirs are there?  If the other heirs refuse their heredity and you accept yours then its done and the property becomes yours.  If the other heirs dont want to do this then you will have to publish the American wills in Italy with all that entails, and that doesnt mean that they cant be contested under the Italian law of the legittima.  

Dear Sir.,

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