Discovering that a loved one's estate has been significantly reduced shortly before their passing, to the benefit of a single heir or third parties, is a situation that generates not only emotional pain but also profound economic injustices. Often, behind emptied current accounts or assets transferred in a non-transparent manner, lie maneuvers aimed at excluding certain family members from their rightful inheritance share. As an expert lawyer in succession in Milan, Avv. Marco Bianucci understands the delicacy of these dynamics and the importance of acting promptly and precisely to restore the succession balance.

The Regulatory Framework: Legitimate Share, Donations, and Simulations

Italian succession law provides very strong protections for the closest relatives, defined as statutory heirs (spouse, children, and, in the absence of children, ascendants). The law reserves for them an intangible share of the deceased's estate, called the legitimate share, which cannot be encroached upon either through a will or through donations made during life. However, it frequently happens that the de cuius, sometimes manipulated or ill-advised, disposes of their assets in a way that infringes upon these rights.

The methods of asset subtraction from the inheritance mass can be numerous and often complex to identify. We often speak of indirect donations, such as the purchase of a property registered in a child's name but paid for by the parents, or unjustified withdrawals from joint or non-joint bank accounts. Another recurring case involves the simulation of a sale: public deeds that appear as normal real estate transactions but actually conceal a donation because the price was never actually paid or is negligible. In all these cases, the objective is to fictitiously or actually bring these assets back into the inheritance mass to correctly recalculate the shares due to each heir.

The Approach of Studio Legale Bianucci in Recovering Inheritance

Addressing an inheritance dispute requires a strategy that goes beyond mere knowledge of the civil code; it requires in-depth investigative and analytical skills. The approach of Avv. Marco Bianucci, an expert lawyer in succession operating in Milan, is based on a meticulous reconstruction of the deceased's historical assets. The focus is not limited to the situation at the time of death, but rather analyzes asset movements in the preceding years to identify anomalies.

Studio Legale Bianucci utilizes asset investigation tools to trace suspicious money flows and property transfers. Once the necessary evidence is gathered, the strategy involves, where possible, an attempt at out-of-court resolution, which is often preferable in terms of time and cost. However, if there is no cooperation from the opposing party, Avv. Marco Bianucci is prepared to protect the client's rights in court through an action for reduction or an action for simulation. The goal is to demonstrate the fictitious or detrimental nature of the acts performed and to obtain the reinstatement of the client's legitimate share. Clarity and transparency are the pillars of this process: every step is shared with the client, explaining the legal implications of each choice.

Frequently Asked Questions

How can I know if assets were misappropriated before death?

The reconstruction of the inheritance mass often begins with the analysis of the deceased's bank statements, which heirs have the right to request from the credit institution, going back up to ten years before death. Through this analysis, it is possible to identify transfers without a stated reason, anomalous withdrawals, or cashier's checks issued to other parties, which could constitute donations detrimental to the legitimate share.

What is an action for reduction and when does it apply?

The action for reduction is the specific legal tool that allows a statutory heir (an heir entitled to the legitimate share) to render ineffective testamentary dispositions or donations made by the deceased during their lifetime that exceed the disposable portion. In practice, if an expert lawyer in succession ascertains that your share has been infringed, you can ask the judge to reduce the allocations made to others until your portion is reinstated.

What happens if the deceased sold their house to another heir for a fake price?

In this case, we are dealing with a simulated transaction. If it can be proven that there was no actual transfer of money or that the price was nominal (symbolic), the sale deed can be reclassified as a donation. This is crucial because, unlike a sale, a donation must be accounted for when calculating inheritance shares and can be subject to an action for reduction.

How much time do I have to take legal action?

The statutes of limitations vary depending on the type of action. The action for reduction generally prescribes within ten years from the opening of the succession. However, it is essential to act promptly, especially regarding the recovery of banking documentation and to prevent the misappropriated assets from being further dispersed or sold to bona fide third parties.

Request a Legal Consultation in Milan

Inheritance matters involving asset misappropriation require a clear and professional analysis to prevent rights from being permanently compromised. If you suspect that the inheritance mass has been altered or you need clarity on your position as an heir, it is essential not to leave anything to chance. Avv. Marco Bianucci, an expert lawyer in succession, is available at the Milan office at Via Alberto da Giussano, 26, to examine your documentation and define the most suitable path for protecting your assets.