Estate Management and Protection of Family Assets

Facing the loss of a loved one is a humanly complex moment, often aggravated by the need to manage bureaucratic tasks and delicate asset matters. In this context, the figure of a competent professional becomes fundamental to navigate the norms of the civil code and prevent family conflicts. As a lawyer specializing in inheritance law in Milan, Avv. Marco Bianucci offers comprehensive legal support, guiding clients through every phase of generational transfer, from the publication of the will to the division of the inheritance. The goal is to ensure that the deceased's wishes are respected and that the heirs' rights are protected with the utmost precision.

The Regulatory Framework: Statutory and Testamentary Succession

Italian succession law is an intricate matter that aims to ensure the continuity of legal and economic relationships after an individual's death. There are mainly two types of succession: testamentary succession, governed by the wishes expressed by the deceased in a formal document, and statutory succession, which applies in the absence of a will and follows the shares established by law in favor of the closest relatives. A crucial aspect concerns the so-called forced share (quota di legittima), which is the portion of the estate that the law necessarily reserves for certain close family members (spouse, children, ascendants), and which cannot be infringed even by contrary testamentary provisions. Understanding these mechanisms is essential to avoid future challenges and ensure a smooth transfer of assets.

Avv. Marco Bianucci's Approach to Inheritance Disputes

The approach of Avv. Marco Bianucci, a lawyer specializing in inheritance law in Milan, is based on a meticulous analysis of each individual case, recognizing that unique family dynamics lie behind every inheritance matter. Studio Legale Bianucci's strategy prioritizes out-of-court settlements and mediation whenever possible, effective tools for resolving inheritance disputes by reducing time and emotional stress for clients. However, when the protection of the client's rights requires it, the firm is prepared to provide rigorous defense in judicial proceedings, for example, in cases of infringement of the forced share, challenges to wills, or dissolution of complex co-ownership of inherited property. Clarity of explanation and transparency are the pillars on which the relationship of trust with the client is built.

Frequently Asked Questions

Within what timeframe must an inheritance be accepted?

The right to accept an inheritance is subject to a statute of limitations of ten years from the date of the opening of the succession, which generally coincides with the date of death of the deceased. However, it is important to know that anyone with an interest can ask the judicial authority to set a deadline within which the heir must declare whether they accept or renounce; if this deadline passes without any declaration, the heir forfeits the right to accept.

What happens if the deceased left no will?

In the absence of a valid will, statutory succession opens. In this case, the law identifies the heirs among the deceased's relatives, assigning shares of the estate based on the degree of kinship. The spouse and children are the first to be protected; in their absence, the inheritance may go to parents, siblings, and so on to relatives up to the sixth degree. If there are no relatives within the sixth degree, the inheritance devolves to the State.

When can a will be challenged?

A will can be challenged if it has formal defects (e.g., lack of holography or date in a holographic will) or substantive defects (such as the testator's incapacity to understand and will at the time of its drafting or duress exerted on the testator). Furthermore, statutory heirs can take legal action through the action for reduction if the testamentary provisions have infringed their legally guaranteed reserved share.

What are the costs for an inheritance case?

The costs of an inheritance proceeding or consultation depend on numerous specific factors, such as the complexity of the estate, the presence of debts, the number of heirs involved, and the need for legal actions or simple bureaucratic procedures. For this reason, it is not possible to provide an estimate in advance. During the first consultation, Avv. Marco Bianucci will analyze the specific situation and provide a clear and transparent overview of the expected financial commitment.

Request a Consultation on Inheritance Law in Milan

If you are facing an inheritance issue or wish to plan your succession to protect your loved ones, it is essential to act with awareness. Contact Studio Legale Bianucci at via Alberto da Giussano 26 in Milan. Avv. Marco Bianucci, a lawyer specializing in inheritance law, is at your disposal to examine your case and identify the most suitable legal solution for your needs.