Expert: Henning Haarhaus - 4/8/2009

Question
my aunt passed away 3 years ago. She owned property in italy. My cousin asked for my mother's power of attorney so he could take care of things.He still hasn't sold the property and will not respond to e-mails we have sent. Wehave talked to him by phone but he is always evasive when we ask about the sale of the property.Is there any way to force disclosure ? He is saying she died intestate.

Answer
The first steps which must be taken if real estate is involved:

- Report the inheritance case to the civil registry (Agenzia delle Entrate)
- Transcription of the ownership in the land register
- Announcment at the local competent cadastral office (Agenzia del Territorio).

You should ask if these things have already been performed.

It is possible to file a lawsuit for partition of the estate. As an alternative it is possible to reach a mutual agreement. If real estate is involved such agreement is subject to a notarial recording. As far as I understand you can get a notary - a specialized lawyer with official functions - involved as a sort of pacemaker by filing a respective motion in court.

In contrast to Anglo-American probate proceedings the sale of the assets forming the estate is not the model for the settlement. Enforcing the sale of real estate by putting it onto auction is to my knowledge only possible if no inheritor opts for taking it over.