The Italian Supreme Court (Corte di Cassazione) recently issued a significant ruling in case 36949/2024, which may affect individuals seeking Italian citizenship. The court reaffirmed that a finalized judgment cannot be reopened solely due to a shift in judicial interpretation, even if the new interpretation might favor the individual. While this ruling specifically addresses criminal […]
Categoria: Blog
The Evolving Landscape of Wills in Italy: Key Roles and Recent Legal Developments
In Italy, where only about 10% of inheritances are executed through a will, understanding the nuances of testamentary practices is crucial. Each type of will has specific protocols, and recent legal developments have emphasized the roles of attorneys and notaries. The Personal Holographic (Handwritten) Will: Entrusting an Attorney The holographic will, entirely handwritten by the […]
Testamentary trust: assets in Italy transfer to the trustee without paying inheritance taxes
A Testamentary Trust is created in accordance with the instructions in a person’s Last Will and Testament. Differently from a living trust, the testamentary trust starts having effect after the settlor’s death, and so is the trustee appointed. A testamentary trust can be a good way to leave assets to a specific loved one (usually […]
Dual citizenship: the benefits of an Italian passport
Italian Dual Citizenship is the first step to securing your Italian passport. Despite the citizenship process being complex and confusing, there are so many benefits to getting this highly sought-after identity document, that the wait will be worth it. The Italian passport is one of the strongest identity documents in the world. It will give […]
Trust law: definition, subjects, and how to establish a trust
Trust law defines a trust as a juridical instrument by which one person (settlor) transfers the legal title of assets, after the death or with an inter vivos deed, to another person (trustee), in the interest of a beneficiary or for a specific purpose. Italian law recognizes three types of trust: Trust law: categories of […]
Power of Attorney: Can a lawyer go to court without it?
Pursuant to Italian law, art. 83 c.p.c., a person must appoint a lawyer to be represented in civil proceedings. Attorneys can speak and act on behalf of their clients through the Power of Attorney. What happens if there is no Power of Attorney? Attorneys and Power of Attorney: before and after the Cartabia reform (February […]
Court fee changes: how much will you pay for civil procedures (dual citizenship)?
How much will people filing to Court have to pay for civil procedures? Civil cases: summary and simplified procedures With the approval of the Cartabia reform and law # 197/2022, from March 1st, 2023, declaratory summary proceedings will be replaced by simplified procedures as per art. 281 decies and ss C.P.C. Citizenship by Descent, new […]
Gina Lollobrigida: the Italian actress’s will and inheritance
Gina Lollobrigida, the Italian actress known as “La Bersagliera”, died at 95 years of age on January 16, 2023. According to her will, Lollobrigida’s inheritance has been divided between her son, Andrea Milko Skofic, and her former secretary and factotum, Andrea Piazzolla. So, why did Lollobrigida eventually allow him in her will? +1 (877) 904-2321 […]
Local Courts in Italy: Dual citizenship success in Bari
This result is a real boost for future hearings in local courts in Italy. Since June 22nd 2022, all Italian dual citizenship proceedings must be submitted before local courts, not the Court of Rome. Dual citizenship hearing: how the judges ruled in Bari is even greater, given that the submitted documentation had discrepancies – both […]
Inheritance and succession: how to become a legitimate heir
In the above-mentioned case, the applicants were considered legitimate heirs after the sole declaration of succession. Inheritance controversy: status of legitimate heir The Court of Cassation with the order n. 30761/2022 ruled that the status of legitimate heir does not solely depend on paying inheritance taxes. The only way to become a legitimate heir is […]
The Minor Case: the approach of Local Courts of Italy
In Italian dual citizenship, a case is a Minor Case if an Italian parent naturalized after his/her child was born. Though the child was a minor, they lost their Italian citizenship. A New Approach to 1948 Cases by the Court of Rome +1 (800) 205-9142 (U.S. & Can) inquiry@mylawyerinitaly.com
American citizens living in Italy: How to buy a second home in the Peninsula
The historical charm, quality of life and good food in our beautiful country are not the only things that draw Americans to Italy. To date, MY LAWYER IN ITALY® has helped American citizens inherit assets and properties in Italy they sometimes didn’t even know existed. Our team assisted them through the whole succession process, from […]
A.I.R.E. – Registry of Italian Dual Citizens Abroad
Dual Italian Citizenship: who needs to register with A.I.R.E? 1. If you are born in Italy and plan to live in another country for more than 12 months; MY LAWYER IN ITALY® helps many new Italian dual citizens register to A.I.R.E to give them access to Italian Government services and apply for Italian passports. Read […]
Italian inheritance: who has to certify the death of an American citizen with estate in Italy?
A formal proof of death is the first requirement that has to be met when a person dies and an inheritance is involved. The standard way to certify a death is through a death certificate. But what happens when an American citizen (not a dual citizen) dies and leaves an estate and assets in Italy? […]
Dual Italian Citizenship: Courts start ruling after new citizenship legislation
On June 22, 2022, new legislation regarding Citizenship by Descent became effective (art. 36 law 206/2021). Proceedings for the establishment of Italian citizenship must now be submitted to the District Court where the Court of Appeal of reference for the ancestors’ native town is located. Court of Venice: the first decision after the new legislation […]
Dual Italian Citizenship: Registering additional petitioners
When applying for Italian dual citizenship, it’s best to turn to an Italian firm that knows how to navigate Italy’s complex legal system. MY LAWYER IN ITALY® will assist you throughout the process, from your first free consultation to filing your case to the court and helping you with A.I.R.E. registration once citizenship is granted. […]
Dual Italian Citizenship: How to get your B1 Language Certificate
of the requirements of the latter is that spouses of an Italian citizen get a B1 Italian Language Certificate. B1 Language Certificate: What is it? is mandatory for getting dual Italian citizenship Jure Matrimonii. B1 Language Certificate: Where and how can you get the certificate? Italian cultural institutions in the U.S.A. (or other country they […]
Dual Italian Citizenship: Do I need my parents to apply?
MY LAWYER IN ITALY® helps individuals apply for their Italian dual citizenship day in, day out – with or without their parents’ involvement. Questions such as: MY LAWYER IN ITALY® has led the victories in Court of hundreds of American families who have regained their Italian citizenship. As a result, Italy usually welcomes back not […]
New Citizenship Legislation: Court Cases vs. Comune Applications
Does this new legislation affect only Court Cases (1948 cases) or citizenship applications submitted to an Italian Comune too? Citizenship at Comune The new court legislation only affects court cases. Proceedings already submitted will be discussed in Court in front of a judge. This does not affect foreigners applying for citizenship at an Italian Comune. […]
Italian Dual Citizenship: Who is eligible?
There are many benefits and advantages; however, proof of Italian parentage and ancestry are always required. Each petitioner must demonstrate that his/her ancestors have passed their Italian citizenship and bloodline from generation to generation. MY LAWYER IN ITALY® will not only assist you throughout the whole process but also assign a dedicated Italian English-speaking attorney […]
US/Italian Dual Citizenship in Italian Courts: Paperwork Misspellings
Beware! Many applications have been blocked or rejected by Consulates. One of the most common reasons to dismiss a case is because the applicant’s documentation contains paperwork misspellings or name changes. An example is the immigrant’s name at birth was Giovanni but went by Joseph in the U.S. Other issues that may lead to rejection […]
Apostille: What is it and where can you get it for your Italian dual citizenship?
hat is an apostille, exactly? Apostilles authenticate seals and signatures on public documents such as birth, marriage, and death certificates so that they can be recognized in foreign countries. Apostille: which authorities issue apostilles? State authorities, such as the Secretary of State, authenticate state documents such as vital records – birth, death, and marriage certificates. […]
Italian dual citizenship: how to check you have a 1948 case
Before this rule came into effect, Italian dual citizenship jure sanguinis could only be claimed through one’s male ancestors. The citizenship law enacted in 1912 only allowed women to hold citizenship, and not pass it to their children. Since then, if you have one or more women in your blood lineage, you have the right to apply […]
Italian citizenship by descent, June 2022 legislation: how to find your Court of reference
Proceedings for the establishment of Italian citizenship must be submitted to the District Court in the city where the Court of Appeal of reference for the ancestors’ native town is located. How can I find my Court of reference after June 22, 2022? MY LAWYER IN ITALY® understands how complicated navigating the Italian legal system […]
Understanding name changes in the United States in the 19th and early 20th centuries
As experts in the area, we always overcome this issue – no matter the US state or Italian comune in question, the reason for, or the number of discrepancies. It is fascinating, for both legal and historical reasons, to know more. MY LAWYER IN ITALY® recently partnered with a Nebraska-based law firm to research the […]
A History Lesson about Liberation Day
Who were those brave soldiers that died to grant a future of freedom to our country? We may not know their names, but we remember them in our hearts. They could often speak Italian, had grown up in an Italian American environment and still had families and roots overseas. Thus, when asked to fight in […]
Italian Dual Citizenship: Do I have to speak Italian to apply?
Ability to travel, work and live in other EU countries A European passport Right to vote in Italian elections However, when applying for Italian dual citizenship, many people have lots of questions. For citizenship by descent: NO. Although it is not mandatory for those applying for Italian citizenship by descent to speak Italian, it is […]
The Legend of Ellis Island
Ellis Island will always be more than a museum alone: it is a symbol of the bright American dream. As well as the stories of those who crossed the ocean to pursue a better life, there is an ongoing genealogy an dual citizenship myth. Many immigrants changed their names themselves to what they imagined were […]
Italian Real Estate: Can Americans buy property in Italy?
Is it possible to buy property in Italy without dual citizenship or without Italian residency? Although not all non-EU residents can acquire property in Italy, it is perfectly legal for Americans because of a reciprocity treaty between Italy and the United States. This agreement allows Italian citizens to buy property in America and vice-versa. Those […]
Implicit acceptance: heir behaviors that imply acceptance of an inheritance
The law identifies some acts performed by an heir that qualify as acceptance of the inheritance, such as: Waive of rights of succession in exchange for money The Supreme Court of Italy has ruled that if an heir has registered an asset in his/her favor, this implies total acceptance of the inheritance as well. Because […]