Hello, I'm new to this community and have some questions in regards to a Donation Deed for a house in Italy. My grandmother made a Donation Deed when living to her three children including herself. She since passed away.
Hello Gala,Thank you for your post. We totally understand your recommendation, but we tried to discuss this issue with my Uncle who did not want to put any money into the house in Italy and now that he is deceased his spouse and children did not want anything to do with the house and was going to give their 1/3 total share to my father (i have an email stating the same). So we started to look into what we had to do which took over 6 months to gather paperwork and have an engineer look at the property in which he started stacking last year, there are some issues that arised. When we finally recieved final details and instruction to proceed we contacted my Uncles family and they changed their minds and needed to think about it, but at that time we did discuss with them what the engineer found and the work that needs to be done, not yet in writing and it has been 2 weeks since we heard back from them. We have everything on hold right now, with expenses owed to certain parties. We are trying to located an Attorney to assist us.Thank You
Hi ModicasaWith your experience can you give us a breakdown in what to expect including the inheritance taxes and other taxes and/fees that will apply.  It sounds like they base it from the value of the house and according to the donation deed it valued back in 1995 at 20.000.00 (ventimillion) in lires not euros (I think in euros its approx. 10,300) and the house has been unoccupied since then. So you can image the condition its in now. Would we need to hire an attorney or a Notary.  Thank You.
Once my father initiates the succession and pays for the taxes how can he get money back from my uncle's heirs. They originally was going to give their share to my father and now changed their minds, after we put in money and so many hours of research, the bottom line is that the house needs some major repairs, it is attached to other homes and needs to be addressed. My uncle's heirs will not address this problem and take responsiblity.  My Father wants to remove deceased names and do property transfer to my Uncles heirs so they can share expenses and be responsible for any maintance, utilities and repairs pertaining to this property. The other sibling is in the process of transferring her share.  Any further advise. Thanks!!!
Thank you again for your advise. I have another question that came up? Who can initiate and/or has the right to submit the succession for my Uncle. Does it have to be his heirs only or can My father who owns 1/3 can submit or initiate it.  Thanks!!
I have another question. We were told not to do the donation deed due to opposing heirs from famity tree but to proceed with Adverse Possession. My question again six total sibling but only three were donated/gifted the property. If we were to go thru Adverse Possession will the letters of intention for ownership only be sent to the three siblings registered with the property or does it include all six siblings. And if possible can anyone explain briefly the Adverse Possession process in Italy.Thanks in Advance!!!
Hello,When you say opposed, by whom, other members of the family even after 19 years? If the other siblings donate their share and in turn can the donation deed be changed to a Title Deed. Just trying to avoid any claims and/or legal issues in the future especially if the one sibling is putting money into the propertyExample:Two siblings donate their share to one sibling. Thereafter the one sibling owning property sells to his children will that change it from a Donation Deed to Title Deed.Â
Yes, the Donation Deed was prepared in 1995. The other siblings can turn over their share to the one sibling by doing another Donation Deed. I heard that Donation Deeds is not a strong instrument in Italy is this true?Â
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Hello Gala,Thank you for your post. We totally understand your recommendation, but we tried to discuss this issue with my Uncle who did not want to put any money into the house in Italy and now that he is deceased his spouse and children did not want anything to do with the house and was going to give their 1/3 total share to my father (i have an email stating the same). So we started to look into what we had to do which took over 6 months to gather paperwork and have an engineer look at the property in which he started stacking last year, there are some issues that arised. When we finally recieved final details and instruction to proceed we contacted my Uncles family and they changed their minds and needed to think about it, but at that time we did discuss with them what the engineer found and the work that needs to be done, not yet in writing and it has been 2 weeks since we heard back from them. We have everything on hold right now, with expenses owed to certain parties. We are trying to located an Attorney to assist us.Thank You
Hi ModicasaWith your experience can you give us a breakdown in what to expect including the inheritance taxes and other taxes and/fees that will apply.  It sounds like they base it from the value of the house and according to the donation deed it valued back in 1995 at 20.000.00 (ventimillion) in lires not euros (I think in euros its approx. 10,300) and the house has been unoccupied since then. So you can image the condition its in now. Would we need to hire an attorney or a Notary.  Thank You.
Once my father initiates the succession and pays for the taxes how can he get money back from my uncle's heirs. They originally was going to give their share to my father and now changed their minds, after we put in money and so many hours of research, the bottom line is that the house needs some major repairs, it is attached to other homes and needs to be addressed. My uncle's heirs will not address this problem and take responsiblity.  My Father wants to remove deceased names and do property transfer to my Uncles heirs so they can share expenses and be responsible for any maintance, utilities and repairs pertaining to this property. The other sibling is in the process of transferring her share.  Any further advise. Thanks!!!
Thank You. You know so much about ½ûÂþÌìÌà Law. Are you an attorney?Â
Thank you again for your advise. I have another question that came up? Who can initiate and/or has the right to submit the succession for my Uncle. Does it have to be his heirs only or can My father who owns 1/3 can submit or initiate it.  Thanks!!
I have another question. We were told not to do the donation deed due to opposing heirs from famity tree but to proceed with Adverse Possession. My question again six total sibling but only three were donated/gifted the property. If we were to go thru Adverse Possession will the letters of intention for ownership only be sent to the three siblings registered with the property or does it include all six siblings. And if possible can anyone explain briefly the Adverse Possession process in Italy.Thanks in Advance!!!
Thank You for your help Modicasa!!!
Hello,When you say opposed, by whom, other members of the family even after 19 years? If the other siblings donate their share and in turn can the donation deed be changed to a Title Deed. Just trying to avoid any claims and/or legal issues in the future especially if the one sibling is putting money into the propertyExample:Two siblings donate their share to one sibling. Thereafter the one sibling owning property sells to his children will that change it from a Donation Deed to Title Deed.Â
Yes, the Donation Deed was prepared in 1995. The other siblings can turn over their share to the one sibling by doing another Donation Deed. I heard that Donation Deeds is not a strong instrument in Italy is this true?Â