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Sale of inheritance assets: When the consent of a Judge is necessary

Heirs can freely dispose of the assets they inherited through a succession. However, there are cases where the consent of a Judge is necessary; i.e. the consent of the Court of the last domicile of the deceased.

A Judge’s consent is necessary when heirs accept an inheritance with the benefit of inventory (art. 484 c.c. e 747 c.p.c). This provides the heirs protection if the inheritance included several debts, because it allows them to pay solely with the estate of the deceased and not  their own resources (art. 490 c.c.).

Heirs who accept an inheritance with the benefit of inventory are required to ask the consent of a Judge before proceeding with a sale. Any violation of this obligation implies the revocation of the benefit of inventory, with the result that the heirs become liable for the deceased’s debts.

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American citizens living in Italy: How to buy a second home in the Peninsula

Many American citizens love to visit Italy – whether on vacation, or to pursue the idea of buying their second home.

The historical charm, quality of life and good food in our beautiful country are not the only things that draw Americans to Italy. Low prices and competitive interest rates have made buying a second home in Italy – even a luxury one – a good deal.

Italian Inheritance and Real Estate

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 drafting an Italian will to the sale or transfer of assets.

There are also many Americans who wish to buy a home in Italy without being heirs in the country.

MY LAWYER IN ITALY® can help you through the whole process of searching and buying real estate, and can do it remotely if you are unable to visit (or as often as you’d like).

MY LAWYER IN ITALY® is ready to help you, whether you are an heir and need to inherit assets and properties in Italy, or wish to buy a second home in the country.

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A.I.R.E. – Registry of Italian Dual Citizens Abroad

A.I.R.E is an acronym that stands for Anagrafe degli Italiani Residente all’Estero (Registry of Italians Residing Abroad). A.I.R.E was introduced by law in 1988 to help Italian citizens stay in contact with their government whilst not living in Italy.

Dual Italian Citizenship: who needs to register with A.I.R.E?

Registration with A.I.R.E is a mandatory requirement for any Italian citizen who plans to live abroad. You will need to submit an application in two cases:

1. If you are born in Italy and plan to live in another country for more than 12 months;

2. If you have acquired Italian dual citizenship jure sanguinis as our client – meaning you have Italian-born ancestors in your blood lineage – and do not live in Italy, we will request copies of your Italian certificates from the issuing authority and send them to you immediately. When you have them, you can register with A.I.R.E at your Italian Consulate and apply for your Italian passport from there.

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.

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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?

Death certification: U.S. Consulate and Agenzia delle Entrate

When an American citizen dies with assets located in Italy, a process must be carried out for heirs to inherit.

The first and foremost requirement is a formal proof of death: usually a death certificate. But who needs to provide this?

The executor has to notify the U.S. Consul of the death and ask for it to be certified. It is then up to the U.S. Consulate to report the death of an American, with assets or real estate properties in Italy, to the Italian Agenzia delle Entrate, the fiscal institution that governs and advises on tax affairs.

MY LAWYER IN ITALY® supports inheritance clients through the whole process, from the discovery of an Italian will to the transfer or liquidation of assets.

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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

The Court of Venice has been the quickest to make a decision, in mid-September, after the introduction of the new legislation

The Italian Judges ruled in favor of a group of South American citizens with Italian-born ancestors and granted them Italian dual citizenship.

So, despite the many changes within Italian citizenship and the legal system overall, judges and courts in Italy continue to grant citizenship. Likewise, MY LAWYER IN ITALY® keeps helping its clients return to the land of their ancestors.

Do you qualify for Italian dual citizenship? We provide a free assessment to find out if you are eligible. 

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Dual Italian Citizenship: Registering additional petitioners

Italian dual citizenship has become a dream for many American citizens with Italian-born ancestors. One of the best things about reconnecting with your roots is the chance to share this with your family members.

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.

Additional petitioners: Register before filing to the Court

When someone applying for Italian dual citizenship works with an Italian lawyer or law firm, they must sign a POA – Power of Attorney – to let the counselor act on their behalf. Everyone that signs a POA is considered a petitioner in the citizenship proceedings.

It is never too late to add more additional petitioners before filing the case to the court. MY LAWYER IN ITALY® will help you and all petitioners and family members to claim your Italian dual citizenship. Thanks to your Italian-born ancestors not only will you reconnect with your roots, but also give a beautiful gift to your additional petitioners.

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Dual Italian Citizenship: How to get your B1 Language Certificate

There are different ways to apply for dual Italian citizenship. The first one is Jure Sanguinis, through which you must have Italian-born ancestors in your blood lineage. The other route to dual citizenship is Jure Matrimonii, by marriage to an Italian. One 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?

A B1 Language Certificate demonstrates that you have an intermediate level in Italian. This means you are able to communicate and understand topics, to express concepts and ideas to others. It is mandatory for getting dual Italian citizenship Jure Matrimonii.

B1 Language Certificate: Where and how can you get the certificate?

Spouses who need their B1 Language Certificate to apply for dual Italian citizenship Jure Matrimonii can get it in 2 places:

Passing the B1 Language exam certifies that the applicant understands the Italian language in terms of:

  • writing
  • listening
  • speaking
  • reading

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No-Appointment Case: Can I turn to another Consulate for an earlier appointment?

More and more people are deciding to start their journey to acquire dual U.S./Italian citizenship. The standard route for people residing outside of Italy is to submit accurate documentation to their closest Italian Consulate. However, many Italian Consulates are currently unable to provide a timely appointment date. They may have no appointments at all, and many applicants lose hope of claiming their Italian citizenship as a result.

People understandably try to find alternative ways to book an appointment at local Italian Consulates. But is it possible to submit your application to another Consulate or Italian authority if they have an earlier appointment, even if they are in a different jurisdiction?

Unfortunately, it is not possible to book an appointment in a different Italian Consulate or Italian authority if you do not have residence in that jurisdiction. The documentations for Dual U.S./Italian Citizenship must always be submitted to the Italian consulate closest to your city.

Do not worry. If you are having trouble booking an appointment for dual Italian citizenship, and may have a no-appointment case, MY LAWYER IN ITALY® is here to help you.

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Dual Italian Citizenship: Do I need my parents to apply?

The opportunity to claim dual citizenship has become very desirable in recent years. MY LAWYER IN ITALY® helps individuals apply for their Italian dual citizenship day in, day out – with or without their parents’ involvement.

We assign a dedicated, English-speaking attorney and team to every client. This is essential in navigating the Italian legal system and answering the many questions that arise along the way.

Questions such as: Can young people apply for Dual Italian Citizenship without their parents?

Young people and citizenship: With or without one’s parents?

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 just one person but an entire family unit, consisting of fourteen or fifteen people.

This may create confusion between young people who believe they need their parents to apply for dual Italian citizenship.

Don’t worry, you can do it on your own!

Everyone over 18 years of age that can prove their blood lineage from their Italian-born ancestors can apply for dual Italian citizenship without their parents applying for citizenship as well.

If you wish to come back to the land of your ancestors and want to start the process without your parents, trust us. MY LAWYER IN ITALY® is here to help and support you through the whole process with an Italian English-speaking team by your side!

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New Citizenship Legislation: Court Cases vs. Comune Applications

On June 22, 2022 new legislation regarding dual Italian citizenship came into effect. Proceedings must now be submitted to the relevant District Court where the Court of Appeal of reference for the Italian-born ancestor is located.

Does this new legislation affect only Court Cases (1948 cases) or citizenship applications submitted to an Italian Comune too?

Citizenship at Comune

Not all dual Italian citizenship proceedings are impacted by the law (art. 26 law 206/2021).

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.

If you have any doubts or questions about claiming your dual Italian citizenship, MY LAWYER IN ITALY® is here to help you!

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Italian Dual Citizenship: Who is eligible?

Italian dual citizenship is an achievable dream for thousands of American citizens of Italian descent who wish to come back to the land of their ancestors.

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.

People can acquire Italian dual citizenship in several ways. Some are straightforward but others are complicated and time-consuming. In every instance, you may seek the assistance of expert lawyers.

MY LAWYER IN ITALY® will not only assist you throughout the whole process but also assign a dedicated Italian English-speaking attorney to handle your case personally and communicate directly with you.

Before you begin the Italian dual citizenship acquisition process, here are the essentials required for eligibility.

  • Citizenship by descent: all American citizens with Italian-born ancestors who have never renounced their Italian citizenship
  • Citizenship by marriage: whoever married an Italian citizen in a correctly registered ceremony in Italy.

If you are not sure about your eligibility for Italian dual citizenship, MY LAWYER IN ITALY® will be happy to help you verify it and to assist you in claiming it.

DO YOU QUALIFY FOR DUAL CITIZENSHIP?

We provide a FREE ASSESSMENT to find out if you are eligible to claim Italian dual citizenship.

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US/Italian Dual Citizenship in Italian Courts: Paperwork Misspellings

American citizens with ancestors born in Italy can claim their Italian citizenship by descent – jure sanguinis. With the necessary documents, you can begin the journey to Italian citizenship through the Italian courts.

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 by the Consulate are:

  1. Data inconsistencies – for example, the Italian birth record says the immigrant was born on June 1, 1880, whilst all the other US documents report the immigrant was born on June 3, 1880, or even 1881.
  2. Missing certificate – for example, the applicant is not able to procure an ancestor’s birth or marriage certificate.

MY LAWYER IN ITALY® handles many cases in which citizenship by descent applications were delayed or refused. The applicants were discouraged and turned to us for help in obtaining citizenship in Italy.  Simple or very complex issues can be solved by going through the Italian court system.

Let our attorneys and document specialists work for you to make sure that you are awarded the citizenship you deserve.  If there are problems with your paperwork, we can help identify and rectify them.

Thanks to our team of Italian lawyers and experts, we have successfully resolved all kinds of cases in Court all kinds of cases.

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Apostille: What is it and where can you get it for your Italian dual citizenship?

If you are interested in Italian dual citizenship, you might have heard the word “apostille”. And you might be thinking, what is an apostille, exactly?

An apostille is a certificate issued by a country on a document to be sent to another country.

Apostilles authenticate seals and signatures on public documents such as birth, marriage, and death certificates so that they can be recognized in foreign countries.

Vital records are essential in a Dual Italian Citizenship acquisition process. They confirm Italian citizenship has been passed through the entire blood lineage, from the first Italian-born ancestors to the citizenship applicants.

Apostille: which authorities issue apostilles?

In the United States, several authorities can issue an Apostille, depending on the origin of the document:

  • State authorities, such as the Secretary of State, authenticate state documents such as vital records – birth, death, and marriage certificates.

  • The U.S. Department of State Authentications Office authenticates Federal Executive Branch documents.

If you are still not sure what an apostille is or where you can get one, MY LAWYER IN ITALY® is here to help you.

We provide a dedicated Italian lawyer and document specialists who will handle your case personally and communicate with you throughout the process. We will be happy to help you claim your Dual Italian Citizenship and bring you back to the land of your Italian ancestors.

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Trust or Trustee? Registering the title of real property in Italy

The Italian justice system does not have a unilateral position on the registration of title of real property to a trust or trustee. The prevailing approach has been to register in the name of the trustee, and this was affirmed again recently by the Superior Civil Court of Italy, in January 2022.

There have been several decisions in Italian courts on this issue, originating from requests made to the District Registrars that maintain records in the Land and Building Register (Conservatoria dei Registri Immobiliari)[1].

In the past, some Courts ruled that a trust has very little legal individuality (compared to other legal organizations, like associations, companies, etc.), and consequently cannot hold a property in their name (Court of Appeals of Trieste, 2014), but in the name of the trustee.

On the contrary, other Courts have ruled the trust has enough legal individuality to hold property[2], and therefore a house can be registered in the name of the trust (District Court of Turin and Court of Appeals of Venice, 2014).

The disparity between different legal arguments has been resolved by the Superior Civil Court of Italy, that has ruled in favor of the first approach. It has done this on the grounds that a trust has no legal personality and therefore the property must be registered in the name of its trustee (decision nr. 1866 of 2022; nr. 3986 of 2021; decision nr. 7003 of 2020).

MY LAWYER IN ITALY® provides expert advice on Italian estate planning; trusts and trusteeship; real property purchase, sale, succession and transfer of title to hundreds of clients. If you need assistance in this area, get in touch with the MY LAWYER IN ITALY® team via the contact form on this website.

[1] In Italy, transfer of real property must be registered with the Conservatoria dei Registri Immobiliari (Land and Building Registry). This process is called “publication” and is aimed to make the transfer known to whoever will inquire the Registry. Art. 2643 of the Italian Civil Code lists contract that must be registered. Registration must be requested when purchasing real property, when filing a case that involves the property, or court sentences related to real property, new easement rights, etc.  Failing to register has severe consequences: for instance, does not guarantee the first purchaser from the purchase made by a second buyer from the same seller if this second transfer has been property registered.

[2] Trust register with the Italian fiscal authority and get a tax code. Judge that are favorable to this approach indicate that also Condos and ESG funds have limited legal personality, but can own property. They also point out that this is a practical approach, that avoids to register the transfer of title every time that the trustee changes, for whatsoever reasons.

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Italian dual citizenship: how to check you have a 1948 case

The 1948 rule, also known as the ‘female line rule’, enables children born to an Italian mother, prior to 1948, to claim Italian dual citizenship.

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.

However, in 1983 the Italian Constitutional Court ruled that 1912 law provision unconstitutional because it led to unequal treatment of men and women.

Since then, if you have one or more women in your blood lineage, you have the right to apply for Italian dual citizenship through them.

How does this 1948 rule really work? And where do you need to apply for your citizenship?

How the 1948 rule works

The first thing to do to find out if you have a 1948 case is check your direct blood lineage from your Italian ancestors.

Is there a woman along the line? If so, check when she gave birth to her child/children. The mother’s own birthday and birthplace do not matter.

The only date that matters is the birthday of the child.

Indeed, the application process for Italian dual citizenship changes according to the date the child of the female ancestor was born. Two different scenarios are possible:

  1. If the woman in your lineage gave birth to her child after January 1, 1948, you could apply for your Italian dual citizenship at your closest Italian consulate.
  2. If the woman gave birth to the child before January 1, 1948, you must submit your Italian dual citizenship application to the Court in Italy.

A mock 1948 case

Let’s see an imaginary example. Let’s examine the following blood lineage: GGGF-GGF-GM-M (1947)

  1. First, we must consider the direct blood lineage from our Italian ancestor, in this case “GGGF”: GGGF-GGF-GM-M (1947)
  2. Then, we localize the woman in the line, who is the “GM”: GGGF-GGF-GM-M (1947)
  3. Notwithstanding both GGF and GM were born in the U.S., the only thing that matters is the birthday of the child of the female ancestor. In this situation, the child “M” was born in 1947, i.e. before January 1st, 1948: GGGF-GGF-GM-M (1947)

This is a 1948 case which can be submitted to the District Court of the Italian town where the Italian ancestor was born.

If you have any doubts, want to send an inquiry, or need help figuring out if you have a 1948 case, MY LAWYER IN ITALY® will be happy to help you.

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Italian citizenship by descent, June 2022 legislation: how to find your Court of reference

On June 22, 2022, new legislation regarding citizenship by descent came into effect (art. 36 law 206/2021).

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. 

This new legislation created much confusion among those who have applied for Italian citizenship, with the main question being:

How can I find my Court of reference after June 22, 2022?

Citizenship by descent: how to find the Court of reference step-by-step

MY LAWYER IN ITALY® understands how complicated navigating the Italian legal system can be.

We want to explain how you can find your Court of reference for your citizenship acquisition process step-by-step.

  1. Type “Giustizia Map” on Google or Click here
  2. Once on the Ministero della Giustizia page, simply scroll the page until you see the word “Ricerca” and click on it.
  3. Now, the site will let you filter your results, typing the name of the Italian Comune where your Italian ancestors were born. The search can be further refined by adding the Office, Region, and Province. However, we do not recommend using these other filters because they can conflict with each other and confuse the results. 

Let’s give it a try. We will search for the Court of Appeal of reference for the town of Baschi.

We type Baschi in the “Comune” section.

We will not filter our results further, and will click “Cerca” at the bottom of the page.

The system automatically shows a list of all the judicial offices for the Comune of Baschi.  Since we are applying for dual citizenship, we are interested in finding the Court of Appeal for our proceeding – “Corte d’Appello” (in Italian). In this case, the Court of reference for the Comune of Baschi is the Corte d’Appello di Perugia.

The Court of Appeal is the actual point of reference to find the Court – the Italian “Tribunale” – where the Italian dual citizenship proceeding will be submitted to the Judge. In this case, Tribunale di Perugia.

For American citizens, the Italian Tribunale is equal to the American District Court. 

To recap, you will need three pieces of information in your citizenship case:

1. The name of the Italian Comune where your ancestors were born (e.g., Baschi);

2. The Court of Appeal for the Italian city where your ancestors were born (e.g., Corte d’Appello di Perugia);

3. The  District Court of the city where the Court of Appeal is located (e.g., Tribunale di Perugia).

If you have any difficulties in finding out your Court, please contact us at MY LAWYER IN ITALY® and we will be more than happy to help.

Our experienced attorneys cover the whole country and are licensed to represent clients before any Italian Court.

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Understanding name changes in the United States in the 19th and early 20th centuries

MY LAWYER IN ITALY® clients often come across changed names in their Italian descendant’s immigration records. Though this was a common occurrence, this can cause anxiety and concern for those applying for dual Italian citizenship.

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.

Why were names changed so often, and by whom?

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 practice of personal name changes in the United States in the late 19th and early 20th centuries.

As The Legend of Ellis Island explains, ‘people working at inspection stations at Ellis Island – being unfamiliar with different cultures and nationalities – tended to make changes to the names and details of some of the immigrants… Also, many immigrants changed their names themselves to what they imagined were American sounding names’. 

Italian arrivals were one of the demographic groups with the most changed names. The name transformations were subtle, such as the first name “Antonio” being Anglicised to “Tony”, rather than being changed completely. From our clients’ experience, we see that the majority of last name discrepancies from that period arise from misspellings. More recent name changes occur due to marriage or divorce.

What is surprising today, in an age with advanced identity and immigration methods and controls, is the ease with which an immigrant’s name could be changed – by them or by someone else. As long as the name change was ‘completed in good faith’ (i.e. not for fraudulent or criminal purposes), it will not deprive that individual – and vitally, their descendants – of their rights.

Will name changes or discrepancies affect my dual Italian citizenship case?

This unique study is now another ace in the hole. MY LAWYER IN ITALY® will use it to explain to Italian judges how and why name changes happened and were tolerated in the past, and in some cases, still happen today. We are proud to collaborate with other law firms and invest in US legal research: to bring Italy and the US closer together, and make the citizenship application process run smoothly and successfully for our clients.  

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A History Lesson about Liberation Day

Italy celebrates one of its most important holidays on April 25th: Liberation Day. This marks the day on which the Allied Armies freed the country from the Nazis. Those dark times and the many young lives lost during World War II are remembered on this important national holiday.

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.

Among the many American soldiers who sailed from overseas, the largest ethnic group was young Italian American men. Despite their numbers, they have not received much attention from traditional historians. Those soldiers, sailors, and airmen were not only American citizens with Italian heritage, but also included Italian-born naturalized Americans who served in the U.S. armed forces.

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 Italy, they were ready to join the war.

Those men fought not only for the peace and freedom of humankind, but also for a country they saw as their own.

May their memories be blessed.

MY LAWYER IN ITALY® works tirelessly to celebrate Italian heritage and culture around the world, and to help Italian American sons and daughters come back to the land of their ancestors.

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Italian Dual Citizenship: Do I have to speak Italian to apply?

In recent years, Italian dual citizenship has become a goal for many foreigners. Besides those who want to reconnect with their own roots and Italian ancestors, many others wish to get dual citizenship for other reasons:

  1. Ability to travel, work and live in other EU countries
  2. Access to the Italian health and education system
  3. A European passport
  4. Property purchase benefits
  5. Right to vote in Italian elections
  6. Automatic Italian citizenship to children under 18 years old and future generations.

However, when applying for Italian dual citizenship, many people have lots of questions.

Some of the most important are:

Do I have to speak Italian to apply for Dual Citizenship?

For citizenship by descent: NO. Although it is not mandatory for those applying for Italian citizenship by descent to speak Italian, it is highly recommended to learn the language. It is an integral part of Italian culture and everyday life.

For citizenship by marriage: YES. People who want to apply for Italian citizenship through their spouses must be able to speak Italian at an intermediate level.   

Since December 2018, due to changes in Italian law, anyone applying for Italian citizenship through marriage must prove they speak Italian at B1 level or higher. The language certificate has to be issued by an educational institution officially approved by the Italian Education Ministry or Foreign Ministry.

Regardless of the motivation to apply for dual citizenship, MY LAWYER IN ITALY® is always ready to help its clients on their journey toward the ultimate goal: Italian dual citizenship. 

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The Legend of Ellis Island

Ellis Island was an unforgettable destination in world history, though it may be less famous now outside of New York City and the United States. It is estimated that over twelve million people entered the U.S. through Ellis Island between 1892 and 1954.

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. 

According to legend, people working at the Ellis Island immigration inspection stations were unfamiliar with different cultures and nationalities. They tended to make changes to the names and details of some immigrants.

Many immigrants changed their names themselves to what they imagined were American-sounding names. On arrival at Ellis Island this further confused the name issue when their “new” name did not match the name on the ship manifest. The Ellis Island employee often just assigned a new name rather than try to figure out a difficult one.  The immigrant therefore arrived with a new American name.

Many immigrants also arrived in the US with a new birthdate because the inspectors liked to assign Christmas Day (December 25) as their American birthdate.

We will never know exactly how much of this confusion was created by the inspectors and how much by the immigrants themselves. What we do know is that this helps to confuse everyone who looks to Ellis Island records for answers about their own family history!

MY LAWYER IN ITALY®‘s team of English-speaking attorneys and document specialists will help you find a way through if you do find the Ellis Island legend gets in your way.

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Italian Real Estate: Can Americans buy property in Italy?

Italy captures the attention of many American citizens interested in obtaining Dual Citizenship or purchasing real estate and property. Some may have Italian ancestors and want to reconnect with their roots.

Is it possible to buy property in Italy without dual citizenship or without Italian residency?

Yes. It is possible for American citizens to purchase real estate and buy property in Italy – with some conditions.

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.

Americans can purchase real estate and other assets in Italy, even without Italian residency. However, one must bear in mind that foreigners outside the EU can spend a limited amount of time at a time in Italy – without a Visa it is 90 days. Despite this limit, it is not a problem for American citizens planning to purchase a property in Italy to use as a seasonal home.

Those who want to stay longer in the country can reside in Italy for up to 1 year with an Electronic Visa. This visa can be renewed year after year. However, if you leave the country for over 6 months, your visa ends. To request an Electronic Visa, you must meet one of these conditions: an income of over $30,000, health insurance, lease, or ownership of a home in Italy.

If you would like to know more about Italian real estate or if you are eligible for Italian dual citizenship, contact MY LAWYER IN ITALY®. Our team is specialized in Italian dual citizenship, inheritance and real estate.

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Citizenship by Descent, new legislation effective June 2022: what you need to know

News update: the new legislation regarding Citizenship by Descent will become effective on June 22, 2022.

On June 24, 2022, new legislation regarding Citizenship by Descent will become effective (art. 36 law 206/2021). As of that date proceedings for the establishment of Italian citizenship must be submitted to the District Court in the ancestor’s native town.

This new  jurisdiction will reduce the number of proceedings submitted to  the Court of Rome.

An important question here is how the District Court judges will deal with the issue of a minor whose parent naturalized while the child was still a minor.  This has become a serious issue with the Court of Rome. 

In addition, there is the possibility that local district judges, not being familiar with Citizenship by Descent, might make different decisions than the ones made by the Court of Rome judges. The latter are familiar with:

  • Mistakes in the ancestors’ names (misspellings)
  • Mistakes in Naturalization documents
  • The meaning of A.K.A. in official documents
  • Negative/positive certificates issued by Italian communes
  • U.S. states which do not require the names of the bride’s and groom’s parents
  • The U.S. tradition of choosing a middle name at Confirmation
  • The custom for women to take their husbands’ surnames after marriage
  • The need to reconstruct facts from a different perspective when vital records are missing

and so on.

Regardless of this change in the current legislation, MY LAWYER IN ITALY® will continue to help its clients to the best of its abilities.  We will work hard for citizens of Italian descent anywhere who simply want to come back to the land of their ancestors and to be recognized as legitimate Italian citizens.

Our experienced attorneys cover the whole country and are licensed to represent clients before any Italian Court.

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The Minor Case: which Italian Dual Citizenship petitions are getting rejected?

NOTE: from June 22, 2022, all proceedings regarding Dual Citizenship by Descent no longer pass through the Court of Rome but must be submitted to the District Court of the Italian town where the ancestors were born. Hence, any reference to the Court of Rome must be systematically read as to the District Courts of Italy.

The word Minor Case in Italian Citizenship has been long used to mean that if an Italian father naturalized after his child was born, though still a minor, that child retained Italian Citizenship. This legal argument is based on the Consulate practice to take Italian Citizenship applications. This practice derives from a precedent set by the administrative Court of Italy in 1990, who interpreted art. 7 of law n.r. 555 1912.

However, starting in 2019, judges of the Court of Rome stated that in cases where the ancestors naturalized and the child was a minor, this minor lost Italian Citizenship as well, because art. 12 of law n.r. 555 of 1912 applies. Since then, all judges of Rome are applying art. 12 instead of art. 7, rejecting all cases falling in the same situation.

Conflicting decisions: art. 7 vs. art. 12

Some of these cases have been appealed before the court of Appeals of Rome, but rulings have not been consistent: some panels of higher judges are applying art. 7, some art. 12. The argument for applying art. 7 is that this provision only states that a child of an Italian immigrant born abroad in a country that assigns birthplace Citizenship (like US), does not automatically lose their Italian citizenship (the provision in Italian law before 1912 was that one can only have one citizenship). In the Rome first instance judges think art. 7 does not state what happens if the parent naturalizes, the provision regulating such a case is art. 12, which make parents and child naturalized.

Court of Appeals of Rome

Negative decision of Rome’s lower court can be appealed to the higher Court of Appeals of Rome. As mentioned, one panel of judges agrees with the lower court judges. Another panel disagrees and argues that art. 12 only works in the case that the parent (generally the father) is able to pass the new US Citizenship to the child, which does not happen when the child is born in a birthplace Citizenship country, because the child has already that Citizenship (the US one).

Therefore, the Minor Case for an attorney in Rome dealing with Citizenship represents a big issue because so many cases are rejected by the lower court judges and so few are reversed by the Court of Appeals.

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Implicit acceptance: heir behaviors that imply acceptance of an inheritance

Heirs can expressly accept an inheritance by writing a proper declaration (art. 475 c.c.) or may perform acts that imply his/her implicit willingness to accept the inheritance (art. 476 c.c.).

The law identifies some acts performed by an heir that qualify as acceptance of the inheritance, such as:

  • Sale and assignment of succession rights
  • Waive of rights of succession in exchange for money
  • Donation of the rights of succession.

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.

In addition, the Supreme Court, with the ordinance n. 11478 of April 30, 2021, stated that, notwithstanding the necessity of a comprehensive evaluation of the heir’s conduct, it is appropriate to discern between acts with solely fiscal purposes and acts with fiscal and civil purposes.

Because of the latter, the Court declared that the registration of an asset in an heir’s name is an implicit acceptance of the inheritance given that it is an “act that necessarily implies a will to accept”, pursuant art. 476 c.c.

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Italian American Dual Citizenship: the most common problems and how to overcome them

One way of acquiring Italian American dual citizenship is by descent, meaning petitioners will need to identify their most recent ancestor born in Italy and work backwards from there. After searching for and collecting all the necessary documents, the pathway to citizenship goes through the local Italian Consulate in the United States.

Many cases for citizenship present major issues, and some applicants believe they have no chance to proceed with their petition of an Italian American Dual Citizenship.

But they can reclaim their citizenship…in Court.

No appointment dates at the local Consulate

One of the most common situations is when the local Consulate has no available dates to book a citizenship appointment. However, following a precedent in the Italian Consulate of San Francisco, Italian descendants were granted the possibility to take the case directly to Court in Italy.

According to the Italian citizenship by descent process, cases can only be brought before the Court if the Consulate has rejected the application or not taken a decision on the application within two years. In such cases, the applicant shows the judge the application papers or the booking receipt. But what if there is no booking receipt because the local Consulate never even had available dates?

In the case in question, handled by MY LAWYER IN ITALY®, the Court ruled in favor of our client, recognizing that the Italian San Francisco Consulate had failed to provide an appointment within the next two years.  This entitled the Italian descendant to bring her citizenship case directly before the Court of Rome (at the time).

U.S. Local Consulate rejection

It is also possible to bring a citizenship case before the Court in Italy when the local Consulate rejects the application. Italian descendants who are applying for citizenship should always visit their local Italian Consulate, where all their documents and applications are reviewed. At the end of this process, they may receive positive feedback and can therefore continue with their application.

However, there are several reasons for refusal:

  1. Paperwork misspelling – for example, the immigrant’s name at birth was Calogero but in the U.S. went by Samuel.
  2. Data inconsistencies – for example, the Italian birth record says the immigrant was born on June 1, 1880, while all the other US documents report the immigrant was born on June 3, 1880, or even 1881.
  3. Missing certificate – for example, the applicant is not able to procure a birth or a marriage certificate of an ancestor.

Many precedents have shown that, in these situations, the Consulate rejects the case, returning the documentation to the applicant. The request of the petitioner then remains blocked, for as long as three or five years, while they try to amend some of the documents and certificates.

Claiming Citizenship before the Courts in Italy

What most people do not know is that in all these situations there is a way to proceed, despite the lack of available dates or rejection at the Consulate.

And that is claiming Citizenship before the Courts in Italy.

MY LAWYER IN ITALY® has handled many cases in which citizenship by descent applications were delayed or refused. The applicants were discouraged and turned to us in the hope of obtaining citizenship. Our team has always been successful in resolving these kinds of cases in Court, with our clients regaining their Italian citizenship to their delight.

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Tony Soprano’s Will: Italian and American Inheritance Laws

When James Gandolfini died suddenly in 2013, everyone expected the public affection and grieving for the unforgettable face of “Tony Soprano”. No one would have imagined the outbreak of public debate around his testament and last will.

Beyond the high asset value (estimated at $70 million), many experts found hiw will to be poorly constructed, due to unwise tax planning and inadequate real estate structures.

Italian Inheritance Laws: mandatory heirs and forced heirship

According to the terms of Mr. Gandolfini’s will, a home he owned in Italy was to be split equally between Michael – Gandolfini’s first son – and Liliana – his daughter from the second marriage – when she turns 25 years old.

However, the Italian legal system dictates how property is left to heirs. In this case, Michael and Liliana were automatically entitled to half of the Italian property and Mr. Gandolfini’s wife a quarter.

Italian law therefore only allowed James Gandolfini to determine who was to receive the last quarter.

In Italy, the forced heirship law states that the closest family members (spouses, children, in some cases parents) are entitled to part of the overall assets. The law establishes how these assets are to be distributed. This means the testator can’t freely dispose of all of their assets. 

However, with the precautions that only an Italian law firm knows and following recent Italian precedents, it is possible for a Dual Citizen to dispose of his/her assets according to his/her foreign State Law, overcoming the Italian Forced Heirship Law. 

Collaboration between lawyers on a global level

The public debate about the improper testamentary structure of James Gandolfini’s Italian real estate has drawn attention to an important, but often overlooked issue. 

Clients with property abroad should consider consulting a lawyer in that country and drafting another will for those assets. Differences in inheritance and succession laws between countries can lead to misunderstandings, friction, and lawsuits from heirs, which can be avoided by using knowledgeable local counsel.

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Paternity test ruled admissible, despite alleged father being deceased

ln 2014 Italy’s Supreme Court ruled on a paternity case that had begun nearly twenty years earlier, concerning a paternity test ruled admissible despite the alleged father being deceased.
The case in question involves a relationship between a wealthy man and his secretary and director of domestic staff, which resulted in a daughter being born but never recognized as the man’s child. In 1953 the man died and shortly thereafter his only heir passed away aswell. The gap between deaths was in fact so brief that the entirety of his estate was left to New York University and the British Institute.
The daughter started the process of having paternity declared so that she would be included in the succession. After a few years, the mother also died, which left the daughter to carry on the proceedings alone. The crux of the problem was that determining paternity, and whether the legal proceedings could continue, was unclear given the father’s death.
The plaintiff carried on nevertheless, requesting a DNA examination of the alleged biological father and mother, after the bodies were exhumed.
At the behest of the court judge, the plaintiff also requested the appointment of a conservator of the estate who, in the absence of legal heirs (her half-brother having died), represented the inheritance in court.

The Decision of the Supreme Court

According to the Supreme Court, Italian law seeks to remove obstacles, limits and prohibitions in determining parentage, giving priority to the interest of the child with respect to their biological descent, regardless of the nature of the relationship in which the parentage occurred or the time elapsed since birth or conception.
Therefore, the court ruled that the legal proceedings must continue even if the father was no longer alive.
Cassation Sentence No. 19790 of 2014

Read more articles on our website:

– Forced Heirship
– What Happens if Declaration of Succession Misses its Deadline?
– Italian Real Estate

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Adverse possession of jointly-owned properties by family members

Adverse possession, also known as “squatter’s rights”, is a legal principle in which an individual who does not have a legal title to a piece of property can acquire lawful ownership based on continuous possession or occupation. In Italy adverse possession is usually invoked when those possessing the property have occupied it for at least 20 years.
 
Adverse possession is not without its limits however. When the co-owners of a property allow for its usage by a third party, the Italian Civil Code does not generally permit that party to claim adverse possession. That said, certain legal precedents have demonstrated the flexibility of this “tolerance” principle, particularly if the person claiming adverse possession has utilized the real estate for a long duration.

Adverse possession and family members

All these questions were addressed in a recent ruling by the Supreme Court of Italy (Court of Cassation). The court reaffirmed that use of a property over a long period can add legitimacy to a claim of ownership. However, as will be seen in this case, adverse possession can’t be used to dispossess co-owners who are family members. 
The case submitted to the judge involves Mr. Q. M., co-owner of a property in Rome to which the other heirs are his aunt, mother and sister. He resided in the building and was the only one in possession of keys. Q. M. sued his mother, sister and aunt seeking verification of his sole ownership of the property by way of adverse possession. The Court of Rome rejected the petition. He then appealed this ruling, once again requesting verification of his claim of sole ownership.

The Court of Appeals in Rome accepted his argument and declared adverse possession was justified in this case. The judge cited the unavailability of the keys to the aunt, mother and sister as evidence of their lack of use of the property. Furthermore, the long duration of use by the appellant excluded the tolerance requirement provided by art. 1144 of the Italian Civil Code.

The decision of the Supreme Court of Italy

The aunt, mother, and sister then appealed this ruling to the Supreme Court of Italy.

The panel of judges on the Supreme Court disagreed with the appellate court and “ruled out the validity of adverse possession in this specific case”. The court asserted that with respect to adverse possession of jointly-owned properties, the co-owner must utilize it “in ways that are incompatible with the possibility of use by others and thereby underscores the unequivocal desire to maintain exclusive ownership”.  The court reiterated that a long duration of use “adds a presumptive element of ownership which supersedes the tolerance principle unless the co-owner is a family member.” (ordinance no. 9359/2021 published 8/4/21).

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How suppressing a will can lead to being excluded from succession

In July 2019 Italy’s Supreme Court of Cassation affirmed that the suppression or voluntary destruction of a will can result in the perpetrator being excluded from succession (Cassazione n. 17870).

The court outlines two conditions for this sanction to be applied:

a) the suppression of a document that can be qualified as a will, or

b) the voluntary destruction of a will.

In cases where an heir is accused of suppressing a will, it is necessary to establish where the burden of proof lies. The recent jurisprudence suggests that the burden lies more with the defendant, in that the plaintiff need only prove the fact of the document’s removal and its probable testamentary nature, while the defendant must prove its non-testamentary nature, especially if they are the holder of the document.

In cases where an heir is accused of destroying a will, destruction of the document (even if the holder is not aware of its content) is sufficient grounds for exclusion from succession. 

Exemptions from exclusion from a succession due to the destruction of a will

The doctrine does not apply sanctions, however, if it can be proven that obstruction of a will was done for purposes worthy of consideration, such as masking an unfortunate situation involving the testator or the family of the testator. It is also argued that a favored heir should not be sanctioned for suppressing the will in an attempt to more evenly divide the estate among the other heirs (as the favored heir would be acting against self-interest). Exemptions may also be made in cases where honest mistakes are to blame for suppression of a will.

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Joint bank account succession: how it works and how much you pay


Joint Bank Accounts and Succession

The first steps to take in a succession for joint bank accounts are the same as in any other succession, i.e. declaration of succession to the Italian tax authority. The declaration is made by the heirs, or an appointed delegate through a power of attorney, to the authorized (and local) revenue agency (in Italy, Agenzia delle Entrate). It must be made within one year of the opening of succession, which starts at the time of death and occurs in the place where the deceased was most recently domiciled.

In order to notify the bank with which the account is held, the heirs must send, via registered letter, a death certificate, a declaration of succession and a statement with the list of heirs, sworn before a public official (Registrar). If the account requires a “joint signature” for funds to be accessed, the account is frozen until the conclusion of succession. At this point the money is divided among the heirs (and possibly other account holders) according to the allocated shares. If it is a “separate signature” account, the holders have unimpeded access to their funds throughout succession, with the remainder of the account divided among heirs upon its conclusion.

Taxes Involved in a Joint Account Succession

Inheritance tax on shares coming from bank accounts is calculated on the basis of degree of kinship. Spouses and children are taxed 4% of the total sum, with a deductible of 1 million euros each. Siblings are taxed at a rate of 6%, with a deductible of 100,000 euros each. For relatives up to and including the fourth degree, the tax remains 6%, but without a deductible. All other heirs are taxed 8%, likewise without a deductible.

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