Managing an estate after the loss of a loved one is one of the most delicate moments in a family's life. From the death of the deceased until the actual division, a legal situation known as community of heirs automatically arises, during which all assets belong pro rata to all heirs. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci deeply understands how this transition phase can generate uncertainty and tension, especially when there is no clarity on the use and administration of common assets.

The regime of community of heirs: rights and duties

Community of heirs occurs when multiple individuals succeed the same deceased person. In this phase, no heir is the exclusive owner of a single asset (such as an apartment or a bank account), but holds an ideal share of the entire inheritance. This state of indivision entails precise rules that must be respected to avoid civil disputes. The Civil Code establishes that each co-heir may use the common property, provided that they do not alter its intended use and do not prevent other participants from using it equally according to their rights.

A crucial aspect concerns the management of expenses. Until the division, co-heirs are required to contribute to the expenses necessary for the preservation and enjoyment of the common property, in proportion to their respective shares. However, decisions on ordinary and extraordinary administration require specific majorities or, in certain cases, unanimity. Often, the lack of written agreements leads to deadlocks or abuses by those who have material possession of the assets, making the intervention of an expert lawyer in inheritance law necessary to restore legality and fairness.

The approach of Studio Legale Bianucci to estate management

Avv. Marco Bianucci, operating at Studio Legale Bianucci in Milan, addresses the issues of community of heirs with a pragmatic and solution-oriented approach. The priority is not to escalate conflict, but to find a balance that allows for the fruitful management of the estate pending division. The experience gained as an expert lawyer in inheritance law allows for the rapid identification of critical issues, such as the exclusive occupation of a property by a single heir without payment of compensation, or the failure to account for civil fruits (e.g., rents received).

The firm's strategy often involves drafting temporary management agreements or appointing a common representative, figures provided for by law to administer the assets impartially. The goal is to transform a situation of potential conflict into orderly management, protecting the value of the assets and preventing inertia or disputes from depleting their substance. When dialogue between the parties is impossible, Avv. Marco Bianucci is ready to protect the client's rights in the appropriate forums, always with the firm intention of unblocking the situation in the client's best interest.

Frequently Asked Questions

Can I live in the inherited house without the consent of the other heirs?

In principle, each co-heir has the right to use the common assets, including the inherited house, as long as it does not prevent others from using it. However, if the exclusive use by one heir effectively deprives the others of the possibility of enjoyment, the latter may request compensation for occupation or a different regulation of use. It is essential to define these situations in writing to avoid future claims for damages.

How are condominium fees and taxes divided before the division?

All co-heirs are jointly and severally liable towards the condominium and the tax authorities, but in internal relations, expenses must be divided in proportion to their respective inheritance shares. If an heir advances the entire sum to avoid payment orders or penalties, they have a right of recourse, meaning they can be reimbursed by the others for their respective shares. An expert lawyer in inheritance law can assist you in recovering these sums.

What happens if an heir blocks the sale of a common property?

In community of heirs, the consent of all co-heirs is required to sell real estate. If one of them unreasonably objects, it is not possible to proceed with the direct sale of the entire property. The only viable path, in the absence of agreement, is to proceed with a judicial request for the division of the inheritance, which will lead to the dissolution of the community and, if the property is not easily divisible, to its sale at auction or assignment to one of the co-heirs with compensation.

Is it possible to manage inherited assets if we don't speak to each other as siblings?

Yes, and it is indeed advisable in such cases to appoint an administrator for the community. If an agreement cannot be reached on the person to be appointed, each co-heir can appeal to the judicial authority to request the appointment of a judicial administrator who will manage the assets in the interest of all until the final division.

Request a legal consultation in Milan

If you find yourself in a deadlock in managing inherited assets or fear that your rights as co-heirs have been violated, it is essential to act promptly and competently. Avv. Marco Bianucci is available to analyze your specific financial and family situation. Contact Studio Legale Bianucci at Via Alberto da Giussano, 26 in Milan, to schedule an introductory meeting and define the most suitable strategy to protect your assets.