Estate Management: Between Agreement and Litigation

When an inheritance opens, a situation of co-ownership often arises where multiple parties share ownership of the deceased's assets. This moment, already emotionally delicate, can turn into a source of legal complexity and family tension, especially when visions for the disposal of assets diverge. As a lawyer specializing in inheritance law in Milan, Avv. Marco Bianucci understands that the heirs' priority is to find a solution that ensures respect for their legal shares while preserving personal relationships as much as possible. The choice between proceeding with an amicable agreement or initiating court proceedings is crucial for the timeline and costs of resolution.

The Regulatory Framework: Contractual Division and Judicial Division

Italian law, under Article 713 of the Civil Code, stipulates that any co-heir can request division at any time. The primary path is represented by contractual (or amicable) division, which occurs when all heirs reach an agreement on the distribution of assets. If the agreement concerns real estate, it must be formalized through a public deed by a notary. This solution is generally the quickest and most economical. However, when unanimous consent is lacking from even one co-heir, the law provides for recourse to judicial division. In this scenario, the judge directs the proceedings, which may include the valuation of assets through experts and, if the assets are not easily divisible, their sale at auction with subsequent distribution of the proceeds. It is crucial to remember that before initiating inheritance division proceedings, Italian law mandates an obligatory attempt at civil mediation, a critical step to try to resolve the dispute outside of court.

The Approach of the Bianucci Law Firm in Estate Management

Avv. Marco Bianucci, a lawyer specializing in inheritance law in Milan, approaches inheritance matters with an analytical and results-oriented method. The firm's strategy always prioritizes seeking an out-of-court solution in the first instance. Through a meticulous analysis of the estate and any lifetime gifts made by the deceased (which may have infringed upon legal shares), efforts are made to construct a fair division proposal that can satisfy all parties, avoiding the delays of court. However, when the opposing party adopts unreasonable positions or positions that harm the client's rights, the Bianucci Law Firm guarantees rigorous technical defense in court. In-depth knowledge of the dynamics of the Milan Tribunal and case law on inheritance allows us to guide the client through the stages of the lawsuit, from the appointment of the court-appointed technical consultant to the allocation of lots.

Frequently Asked Questions

Is it possible to proceed with division if a co-heir disagrees?

Yes, the right to request the dissolution of co-ownership of an inheritance is imprescriptible and can be exercised by each co-heir independently of the will of the others. If an amicable agreement cannot be reached, the interested heir can turn to a lawyer specializing in inheritance to initiate the mandatory mediation procedure and, if unsuccessful, file a judicial division lawsuit before the competent court.

How long does an inheritance division lawsuit take?

The duration of a division lawsuit cannot be precisely predetermined and depends on numerous factors, including the complexity of the estate, the need for technical appraisals of the assets, the number of heirs involved, and the court's workload. Generally, these are proceedings that require significant technical time, which is why Avv. Marco Bianucci always recommends thoroughly exploring every possibility of a settlement agreement before opting for litigation.

How are properties valued in a contested inheritance?

In the context of judicial division, the judge usually appoints a Court-Appointed Technical Consultant (CTU), an impartial expert tasked with valuing the market value of the real estate and movable assets comprising the estate. Based on this appraisal, the shares are formed. During this phase, the Bianucci Law Firm utilizes its own party-appointed consultants to monitor the appraisal process and ensure that the valuations are correct and not detrimental to the client.

Who pays the legal and notary fees for the division?

In the case of contractual division, notary and tax expenses are usually shared among the heirs in proportion to their respective shares, unless otherwise agreed. In judicial proceedings, court costs follow more complex rules: often, expenses necessary for the dissolution of co-ownership are borne by the estate, while those related to disputes raised by the parties may follow the principle of losing party pays. A preliminary analysis with the lawyer will clarify the possible economic scenarios.

Request an Assessment of Your Inheritance Case

Handling an inheritance division requires clarity and technical expertise to avoid mistakes that can jeopardize family assets. If you find yourself in a stalemate with other heirs or simply wish to formalize an agreement securely, contact the Bianucci Law Firm. We receive clients at our Milan office at Via Alberto da Giussano, 26, to examine your situation and define the most effective strategy to protect your interests.