# Locating bank accounts? Inheritance claim



## mazstar1980 (May 16, 2010)

My father passed away and although he was German citizen he resided in Italy. 

Is there a way to investigate what assets he had and what debts he had in Italy?

Under German law if you claim inheritance you also inherit debts - is the same for Italy?

I don't think he owned property but he may have had bank accounts and investments. Also his personal effects were kept in Italy. His wife won't tell me anything so it is difficult to find out his situation. 

He registered a German testament and I am beneficiary of 1/2 his estate - but problem is locating his financial information of his wife won't tell me anything. 

Lastly - has anyone a good english speaking lawyer to recommend in Emilia Romagna region?


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## NickZ (Jun 26, 2009)

The notiao handling the Italian estate should be able to help . No point going to a lawyer unless the notiao can't figure things out and you decide to sue somebody.

Under Italian law the wife gets a certain percentage no matter what. If the spouse isn't capable of looking after themselves that can even be increased. 

Was he Italian? German? If he is Italian Italian law will take precendent I think.


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## Fiona C (Apr 21, 2010)

I'm not an expert on Italian inheritance law, but I'm fairly sure that there are certain rules regarding spouses and children, which would apply if your father was domiciled in Italy at time of death - for instance, I don't think a legitimate child can be disinheritated, and is entitled to a certain portion of the estate (though I think this is only things like houses and the like). The disposal of other "moveable" assets should (I think) be determined per the German will, presuming it hasn't been superseded (it would need to be translated if you wanted to use it in Italy). I believe that debts do pass - but whether to spouse or children, I'm not sure. Do check all this though, as I only remember reading this in the context of a UK citizen becoming resident in Italy - and the UK has a different system of law to the rest of the EU. Have a look on the internet - you should be able to find out. 

Does a lawyer or executor have a copy of your father's German will? Was there a second Italian will?

Really what you do depends on how big you think your father's estate is and what lengths you want to go to. I think probate is slow and costly in Italy, especially when there are complications of foreign wills, unless the deceased has been very organized prior to death. As Nick says try the notaio (you'll probably need someone to translate if you don't speak Italian), otherwise I'm guessing you'll need an English speaking German lawyer specializing in Italian law - but ONLY if it's a big estate (and if you have a copy of the German will). But before all that, can't you go and track down your father's wife and try and sort things out amicably? A trip to Italy, even from Australia, would be a lot cheaper and probably less distressing at a difficult time ... I'm sorry there's no easy solution, at least as far as I'm aware.


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