Administration of the minor’s assets
- Administration of the minor's assets
- What are the assets of the minor?
- Who administers the assets of the minor?
- The legal representation of the foreign minor
- Tools and procedures to administer the assets of the minor
- The removal of the parent from the administration of the minor child's assets, and their readmission
- Death of the parent: who manages the assets inherited by the minor child?
- Protection of unaccompanied minors
- Analysis of the issues in the international context
- Legal advice for the administration of the minor's assets
The administration of minor children’s assets constitutes a central topic in civil law, as it is closely linked to the protection of the patrimonial and personal interests of the subject incapable of acting. Italian legislation, governed mainly by the Codice Civile, provides for an articulated system of rules aimed at ensuring that the management of the minor’s estate is marked by maximum protection, avoiding prejudices and conflicts of interest. In particular, the administration distinguishes between acts of ordinary administration, which are the competence of the guardian or of the parents exercising parental responsibility, and acts of extraordinary administration, subject to the authorisation of the giudice tutelare.
In an international context, the administration of the assets of foreign minors residing in Italy presents further complexities, deriving from the application of regulations of different legal systems, as well as from coordination with international treaties and conventions, such as the 1996 Hague Convention on parental responsibility and the protection of minors. These complexities emerge in particular when the assets are located abroad, or when the minor has foreign citizenship or residence in a country other than that in which the assets are located.
Our law firm focuses on specialised advice on patrimonial administration of minors, supporting parents and guardians in the performance of legal acts and in the resolution of complex legal questions. We assist our clients in the management of estates, from the request for judicial authorisations for extraordinary acts to succession planning, ensuring an integrated approach that respects both Italian and international regulations, and ensuring that the superior interest of the minor always remains at the centre of every decision.
A central aspect in the management of the minors’ assets is the correct application of the provisions provided by the Codice Civile, which intervenes in cases of bad administration of the estate by the parents or guardians. This rule applies regardless of the parents’ fault and concerns both active and omissive conduct. The Tribunal, in cases of objective mala gestio, may adopt targeted measures to limit the discretion of the parents in the administration of the assets, without necessarily depriving them of legal representation. Such measures include, for example, the obligation to present a periodic accounting report, the appointment of an advisor or the extension of the acts requiring the prior authorisation of the Giudice Tutelare. However, in the most serious cases, the Tribunal may decide to remove one or both parents from the administration, with the consequent loss of representation of the minor limited to patrimonial aspects. In these circumstances, the parents in any event retain all powers relating to the personal sphere, such as the care, education, instruction and moral assistance of the child.
A further point of discussion concerns the possibility of providing for the deprivation of legal usufruct as an additional measure to removal or as an autonomous and alternative provision. This topic has been the subject of doctrinal study, where it has been highlighted how such a measure is closely connected to those that protect the moral integrity of the minor and their protection, distinguishing itself by the specific attention paid to the patrimonial interests of the child. While some provisions focus on the internal aspect of parental responsibility, linked to the safeguarding of the moral interests of the minor, others focus more on the external aspects, such as the management of the estate.
In our firm, we carefully analyse every situation, considering the regulatory specifics and the needs of the families, to propose solutions that ensure transparent management compliant with the laws in force. This approach is particularly relevant in transnational cases, where the differences between legal systems can represent an additional challenge. Our mission is to protect the rights of minors and to support parents or guardians in their delicate role of administrators of the family estate.
- Filiazione e minori
- Disconoscimento della paternità
- Dichiarazione giudiziale di maternità e paternità
- Reclamo dello stato di figlio
- Amministrazione beni del minore
- Responsabilità genitoriale
- Sottrazione internazionale di minori
- Filiazione per coppie omoaffettive
- Procreazione Medicalmente Assistita all’estero
What are the assets of the minor?
The assets of a minor may include real estate, current accounts, shares, bonds, inheritances or donations. These assets may derive from various sources, such as testamentary bequests, donations from relatives or proceeds from investments. For example, a foreign minor residing in Italy may inherit a property located in their country of origin or in another State. In these cases, the administration of the assets must take into account local laws and applicable international rules.
Another common example concerns the income generated by commercial activities or copyrights registered in the name of minors. Also in these cases, it is necessary to respect a rigorous legal procedure to administer such resources. Our law firm assists parents or guardians in the management of these estates, ensuring respect for the patrimonial rights of foreign minors in Italy and facilitating the resolution of any regulatory conflicts between countries.
The assets may also include financial instruments such as shares and bonds, the returns of which require accurate and transparent management. For example, a trust fund registered in the name of a minor may need specific judicial authorisations to be managed. The lawyers of our firm monitor every legal aspect linked to such assets to ensure compliance with the regulations.
Who administers the assets of the minor?
In Italy, the administration of minor children’s assets is generally entrusted to the parents, who exercise this function within the framework of parental responsibility. However, particular situations may arise in which the intervention of a guardian ad litem for the minor becomes necessary. This happens, for example, when there are conflicts of interest between the minor and the parents, as in inheritance disputes or in dispositive acts involving common assets.
The role of the guardian ad litemfor the minor is fundamental to ensure that the rights and interests of the minor are adequately represented and protected. A practical example concerns a parent who intends to sell a property registered in the name of the minor for personal needs. In these circumstances, the giudice tutelare may decide to appoint a guardian ad litem to verify that the operation complies with the law and does not compromise the minor’s estate. The figure of the guardian ad litem of the minor acts as an impartial intermediary, assessing the opportunity and legitimacy of the act in question.
Situations of separation or divorce represent a further scenario in which the administration of the minor’s assets can become subject to dispute. For example, one parent might accuse the other of using the minor’s assets for personal purposes or not in accordance with the interest of the child. In these cases, the tribunal may intervene by imposing control measures or appointing an extraordinary administrator for the management of the estate.
Beyond family disputes, it is important to underline that the administration of the minor’s assets is governed by stringent rules aimed at preserving the estate in their favour. In particular, the Codice Civile establishes that acts of extraordinary administration require the prior authorisation of the giudice tutelare. Among these acts are included, for example, the sale of real estate, the constitution of mortgages or the signing of contracts that may entail a significant patrimonial risk for the minor, the acceptance or renunciation of inheritance or legacy, the acceptance of donations, etc.
Another delicate area concerns minors who inherit assets in international contexts. In these cases, the administration of the estate must take into account not only Italian regulations, but also the laws of the country in which the assets are located or where the minor resides. This type of complexity requires specific competences in private international law to ensure transparent management compliant with the various jurisdictions involved.
Our law firm deals with assisting families in all phases of the administration of minors’ assets, providing personalised legal advice and representation in court, if necessary. We work to protect the interests of minors, preventing potential conflicts and proposing solutions that are legally solid and oriented to their future well-being.
The legal representation of the foreign minor
Foreign minors residing in Italy may find themselves in particular situations that require the presence of a legal representative, especially for the management of assets, patrimonial rights or to ensure the protection of their personal interests.
These needs may derive from various factors, such as the absence of parents or legal guardians in Italian territory, the presence of transnational estates or the necessity to interface with different legal systems.
An emblematic case concerns unaccompanied minors, that is those young foreigners who find themselves in Italy without the presence of parents or other responsible family members. These minors may possess assets in their country of origin or in Italy and need a legal guardian to manage the estate and take decisions on their behalf. The figure of the guardian — in legal representation of the foreign minor — is essential to protect the rights of the minor, especially in situations in which the estate could be exposed to risks of bad management or abuses.
Our law firm deals with assisting legal guardians, providing advice on how to navigate between Italian regulations and those of the minor’s country of origin. For example, a minor coming from a country with a different legal system may need a personalised approach to ensure that the decisions taken comply with the laws of both countries.
Foreign families residing in Italy may also find themselves facing legal challenges when it comes to minors. These difficulties may arise, for example, in the case of transnational inheritances. In such situations, it is fundamental to ensure that the transfer and management of the estate are carried out in compliance with Italian regulations and those of the minor’s country of origin. Our firm offers complete support, helping guardians and families to disentangle the legal complexities and to avoid issues such as double taxation or violation of testamentary provisions.
One of the most frequent examples of assistance that our Studio Legale has provided concerns the administration of inheritance funds in Italy for minors with estate abroad. In these cases, our team of lawyers has supported guardians in the resolution of complex questions, such as obtaining authorisations for the management of assets, the liquidation of estates and the resolution of any tax or administrative disputes.
Our assistance also extends to representation in court, should conflicts arise linked to the management of the estate or to the protection of the rights of the minor.
Each case is unique and requires in-depth analysis to ensure effective management compliant with the law. For this reason, our firm adopts a personalised approach, studying every detail of the minor’s situation and collaborating with local and international experts when necessary.
For example, in situations of conflict between Italian and the country of origin’s regulations, we work to identify solutions that respect both jurisdictions, while ensuring the maximum benefit for the minor. This attention to detail is crucial to prevent errors that could compromise the future of the minor or the value of their estate.
The legal representation of foreign minors requires specific competences and an in-depth knowledge of national and international regulations. Our firm is committed to providing complete and qualified support to protect the rights of minors and to ensure transparent and responsible management of their interests.
Thanks to our experience, also international, we are able to offer effective solutions in the most complex situations, contributing to creating a safe and protective legal environment for foreign minors in Italy.
Tools and procedures to administer the assets of the minor
Administering minors’ assets is a complex activity that requires careful planning and the use of adequate legal tools to ensure the protection of the estate and the interests of the minor.
Among the principal tools, the request for authorisation to the giudice tutelare is necessary to perform acts of extraordinary administration, such as for example the sale of a property belonging to the minor.
This authorisation aims to prevent acts that may harm the interests of the offspring. In case of conflict of interest between the minor and the parents or guardians, the appointment of a guardian ad litem is provided, a third and impartial figure who exclusively represents the interests of the minor.
Consider, in addition, the management of inheritance succession for foreign minors, particularly relevant when the minor is involved in complex inheritances such as those with transnational estates.
Tools such as the constitution of trusts or fiduciary funds are useful to manage the minor’s estate safely and transparently; for example, a trust can be established to preserve the assets until the minor reaches the age of majority.
Other cases in which it is necessary to respect the legal provisions are those relating to the procedures for the sale or purchase of real estate by a minor.
These operations, indeed, require the submission of a request to the giudice tutelare, who examines the operation to ensure that it is in the interest of the minor. During the entire process, the assistance of expert legal professionals such as Boschetti Studio Legale is fundamental to guide parents or representatives of the minor. Only after a detailed assessment can the judge approve or refuse the transaction.
In this regard, the measures governed by the Codice civile apply within the scope of voluntary jurisdiction proceedings that follow the chamber rite.
Such measures, while modifiable in the presence of supervening facts or following a new assessment of circumstances, are effective as long as the circumstances remain unchanged.
It is important to underline the role of the judge in the aforementioned proceedings.
The judge has the power to provide general guidelines to parents for the management of the estate. In some cases, they can give detailed instructions that may limit the autonomy of decision of the parents, where this is necessary to protect the interests of the minor.
Among the cases positively managed by our Studio Legale, there has been for example the situation in which a family wished to sell a property inherited from a minor to face educational expenses. In such circumstances, the giudice tutelare, on application submitted by the lawyers of Boschetti Studio Legale, carefully assessed the request and, once approved, our Studio provided complete legal assistance throughout the entire process. Likewise, in cases of transnational succession, our strategy of establishing a trust to protect the estate until the minor reaches the age of majority has proved successful. This solution not only prevents conflicts among heirs, but also ensures the protection and correct administration of the assets. Such legal tools ensure the full protection of the rights and interests of the minor in every circumstance, ensuring ethical, transparent and effective patrimonial management.
In any event, should a conflict of interest emerge between the parent and the minor, the tribunal can appoint a guardian ad litem for the minor entrusted to act exclusively in the best interest of the minor.
The removal of the parent from the administration of the minor child’s assets, and their readmission
In some cases, the judge may decide to remove a parent from the administration of the minor child’s assets, for example when abuses, conflicts of interest or non-compliance in the exercise of their functions emerge. The protection of the superior interest of the minor constitutes the cardinal principle that guides judicial intervention in similar situations, as repeatedly reiterated by the Corte di Cassazione. In this context, our firm offers legal support both for parents and for minors involved, ensuring complete assistance for the respect and protection of their rights.
Current legislation provides that, should the causes that determined the removal cease, the parent may be readmitted to the management of the minor child’s estate, with effect ex nunc, that is without any retroactive effect on the decisions taken during the suspension period. Readmission entails the reacquisition of the powers of representation and administration, but it is not automatic: it requires a judicial assessment aimed at ascertaining the full cessation of the reasons that had justified the initial intervention.
If, however, conditions persist that make readmission inappropriate or partially risky, the Tribunal may opt for a partial revocation of the limiting measure, establishing precise and binding conditions to which the parents must adhere in the management of the child’s assets. Such conditions may include, for example, periodic reporting to the giudice tutelare or the obligation to involve a co-administrator for certain decisions of particular economic or patrimonial relevance.
From a legal point of view, the regulation of readmission finds foundation in articles 332 and 335 del Codice Civile, which respectively govern reintegration into parental responsibility and the administration of minors’ assets. Although articolo 335 c.c. requires only that the causes that led to the removal have ceased, without requiring explicit proof of the absence of prejudice for the minor, prevailing case law considers that the criterion of the absence of prejudice must be considered implicit. This is justified by analogy with articolo 332 c.c. and by the common ratio of both provisions, which is to ensure that every decision relating to the management of the minor’s estate is oriented exclusively to their protection and well-being.
Readmission, therefore, is not a mere formal act, but represents a complex procedure that requires an overall assessment of circumstances and a careful balancing between the right of the parent to exercise their responsibilities and the necessity to ensure maximum protection of the minor. In this context, the role of the Juvenile Court is crucial to ensure that the final decision reflects a balance between such needs.
Death of the parent: who manages the assets inherited by the minor child?
During the period of separation or divorce, it is increasingly frequent that spouses turn to their lawyer to understand what will be the fate of the estate in case of death. From the first meetings, lawyers often find themselves having to address questions relating to “what will happen after us”: what will be the future of the children, who will deal with the management of their estate, and to whom will the assets be destined. With this article, we will try to answer these questions by addressing the principal issues linked to succession for separated and divorced parents.
First of all, it is important to underline that, according to what is provided by art. 457 c.c., the inheritance is devolved by law or by will, identifying the subjects and the shares due. The legislator ensures that an “unavailable” part of the estate is reserved for close relatives, the so-called “legittimari”, among whom the separated spouse also figures, unless they have been declared responsible for the separation. Therefore, a legally separated spouse cannot exclude their partner from the will: if this should happen, the latter would have the right to apply for action for reduction.
A different situation occurs for divorced ex-spouses. In such cases, the legislator does not provide for any reserved share, since the divorce ends the marital bond. However, if at the time of the divorce the deceased was obliged to pay a periodic allowance, such obligation will be considered a debt of the inheritance should the beneficiary be in a state of need.
With regard to the assets destined for children, both with will and without, if the children are minors at the date of the opening of the succession, the management of the estate will fall to the other parent, whether separated or divorced. Based on art. 324 c.c., the parent exercising parental responsibility will have legal usufruct on the minor child’s assets until reaching the age of majority. In the absence of specific testamentary provisions, the surviving parent will have the task of administering the assets under the supervision of the Giudice Tutelare, who authorises any extraordinary operations.
The legislator, however, offers the possibility of limiting legal usufruct through the appointment of a guardian ad litem for the assets left in inheritance or donated to a minor. The appointment, which must be expressly provided in the will or in the donation deed, allows entrusting the management to a third party, different from the parent, to incentivise liberalities in favour of minors or incapacitated persons. Although such appointment in any event requires a judicial pronouncement, it represents a tool that confers greater flexibility on donors or testators.
According to art. 356 c.c., the person who disposes by will or donates in favour of a minor can designate a guardian ad litem for the management of the assets. If not otherwise established, the Curator must adhere to the rules provided by articles 374 and 375 c.c. for extraordinary acts, while in art. 384 c.c. a general application of the rules to the Curator is recognised.
Despite some controversies in doctrine and case law, the prevailing interpretation maintains that the guardian ad litem can effectively replace the parent in the management of the minor’s assets. In this capacity, they will be subject to obligations similar to those of a parent, but will not have to draw up an inventory nor take an oath, being called only to accept the appointment. The role of the guardian ad litem for the minor ends automatically upon the minor’s reaching the age of majority.
Protection of unaccompanied minors
Unaccompanied minors represent one of the most vulnerable categories within the social and legal context. Their protection requires a multidisciplinary approach that embraces both the legal and the social aspects. The management of their estate constitutes a central element of the protection, including the safeguarding of any inheritances, savings or assets received through donations. Often, these minors find themselves in situations of extreme fragility, lacking stable family references or a support network that can ensure them a serene and safe growth.
Boschetti Studio Legale specialises in the protection of unaccompanied minors, offering legal assistance to protect their patrimonial rights and to ensure their access to the benefits provided by Italian legislation. In particular, we deal with the appointment and supervision of the legal guardian, an indispensable figure for ethical and transparent management of the minor’s assets.
This process also includes the interaction with the judicial system and with the competent authorities to verify that every decision is taken in the best interest of the minor. We collaborate closely with public bodies, such as the tribunali per i minorenni and social services, and with private organisations, such as associations for the protection of the rights of minors and NGOs. Through these collaborations, we are committed to ensuring that every aspect of the life of the unaccompanied minor is protected, not only from a patrimonial point of view, but also a personal and educational one.
A concrete example is the management of funds inherited by an unaccompanied minor. The legal guardian, supported by our firm, is responsible for ensuring that such resources are administered responsibly, taking into account the immediate needs of the minor and their future. In addition, we provide advice on access to economic and social support measures, such as scholarships or state contributions, that can facilitate the path of integration and autonomy of the minor.
Analysis of the issues in the international context
The administration of the assets of minors with estates located abroad or who reside in Italy but have ties with other nations presents a series of legal and administrative challenges. These issues derive mainly from the necessity to coordinate regulations of different countries, which may have divergent approaches in matters of patrimonial law, inheritance successions and the protection of minors.
For example, a foreign minor residing in Italy who inherits assets located in their own country of origin might find themselves involved in a complex interaction between Italian and foreign law, often regulated by international conventions.
Among these, the 1996 Hague Convention represents a fundamental tool, since it establishes guidelines for the protection of minors in cross-border situations. However, the practical application of such conventions is not without obstacles. The interpretative differences between legal systems, the necessity for official translations and the coordination between authorities of different countries can slow down proceedings and complicate the protection of the rights of the minor.
Thanks to our experience in private international law and to the network of collaborations with foreign law firms and consultants, we can support you in the resolution of these issues. We offer assistance for the management of cross-border successions, the obtaining of judicial measures recognised in several countries and legal representation in international proceedings. In addition, we work to ensure that the minor’s estate is protected and administered transparently, regardless of the complexity of its location or of the applicable regulations.
A typical case concerns a minor residing in Italy who inherits a property in another country. In such scenario, it is essential to understand the tax and legal implications of both jurisdictions and to coordinate the necessary acts to ensure that the asset is managed in compliance with local laws, without prejudicing the rights of the minor. Thanks to our targeted approach and to the in-depth knowledge of international dynamics, we offer personalised solutions for every situation, ensuring maximum protection of the minors involved.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law cases that the firm routinely handles, with the aim of creating a structured and complex case study to help readers navigate the handling of their own personal cases. The case studies, on the other hand, illustrate individual cases that have actually been handled by the firm, with data and details anonymised to ensure client confidentiality.
Registrazione del contratto di convivenza e regolarizzazione del partner straniero
Coppia residente a Roma: cittadino italiano e compagna straniera priva di documenti di soggiorno. Ricorso cautelare ex art. 700 c.p.c. per tutela della convivenza, seguito da pratica per carta di soggiorno familiare UE.
Adozione di maggiorenne per riconoscere un rapporto familiare di fatto
Cittadino statunitense residente a Roma con legame affettivo stabile con lo zio acquisito. Procedimento per adozione di persona maggiorenne ex artt. 291 e ss. del Codice Civile per formalizzare il rapporto familiare.
Contratto di convivenza per coppia italo-brasiliana: tutela patrimonio e permesso di soggiorno
Imprenditore italiano e compagna brasiliana conviventi da tre anni a Milano. Tre vulnerabilità interconnesse: migratoria, patrimoniale e successoria, risolte con un intervento coordinato su tre fronti paralleli.
Adozione in Colombia: coppia italiana realizza il sogno dopo 3 anni di percorso
Una coppia sposata da otto anni intraprende l’adozione internazionale con la Colombia. Un percorso attraverso due ordinamenti, tre istituzioni italiane e l’autorità centrale colombiana.
Successione con eredi in 4 paesi diversi: coordinamento Italia-USA-UK-Svizzera
Un imprenditore italiano lascia un patrimonio distribuito tra Italia, Stati Uniti e Svizzera, con quattro eredi in altrettanti paesi. Quattro ordinamenti, quattro sistemi fiscali da coordinare in parallelo.
Adozione maggiorenne figlio del partner: riconoscimento legame affettivo ventennale
Un uomo di cinquantotto anni chiede di adottare il figlio trentenne della moglie, cresciuto insieme da vent’anni. Un legame reale che la legge non riconosceva, con implicazioni successorie per i figli biologici.
Impugnazione testamento per lesione di legittima: recuperati 800.000 euro per gli eredi
Due figli ricevono 20.000 euro ciascuno da un testamento che lascia quasi tutto alla seconda moglie del padre. Un’azione di riduzione per lesione della quota di legittima risolta in mediazione.
Pianificazione successoria azienda familiare: passaggio generazionale da 3 milioni
Un imprenditore di sessantadue anni deve trasferire un’azienda da 50 dipendenti al figlio che la gestisce, tutelando la figlia che ha scelto un altro percorso. Patto di famiglia e holding per garantire continuità.
Adozione internazionale da parte di single: quando la legge apre una strada che pochi conoscono
Una donna single di quarantacinque anni intraprende l’adozione internazionale. Un percorso giuridicamente possibile ma poco conosciuto, che richiede una strategia legale specifica fin dal decreto di idoneità.
Eredità digitale: gestione criptovalute e asset digitali del defunto
Un professionista muore lasciando criptovalute per oltre 600.000 euro su wallet e exchange, senza istruzioni di accesso. Un patrimonio digitale che rischiava di andare perduto per sempre.
Rettifica del nome per persona transgender: documenti coerenti con la propria identità
Una professionista trentaduenne, in trattamento ormonale da otto anni, con documenti ancora al nome maschile di nascita. La discrepanza anagrafica generava outing forzati quotidiani in ambito lavorativo, bancario e amministrativo.
Attribuzione di sesso e aggiornamento di oltre 20 documenti: dalla sentenza alla nuova identità anagrafica
Un dirigente di 45 anni con sentenza di rettificazione già ottenuta si trova davanti al vero ostacolo: coordinare carta d’identità, patente, laurea, contratti di lavoro, mutuo e polizze assicurative presso enti con procedure non uniformate.
Legal advice for the administration of the minor’s assets
If you are looking for a law firm for the administration of the assets of your minor children, or you need a lawyer to manage patrimonial questions linked to foreign minors, our team is here to help you. We offer personalised consultations and assistance in all phases, from planning to legal representation in courts.
Our experience is rooted in profound respect for the regulations in force and in attention to the well-being of the minor. The reform of filiation has redefined the concept of parental responsibility, transforming the previous “parental authority” into a “private law office” oriented exclusively to the protection of the superior interest of the minor. In this perspective, our firm is committed to ensuring competent and responsible legal representation, capable of supporting parents in the exercise of their duties and rights, protecting the minor’s estate and respecting the delicate balance between autonomy and protection.
Pursuant to the codified legislation, the power to represent the minor child in all civil acts and to administer their assets is crucial to ensure full respect for their needs. These powers belong jointly to the parents, if both exercise parental responsibility, or exclusively to the parent who holds it. However, the representation of the minor is not limited to the patrimonial sphere, but also extends to personal and moral aspects, ensuring that every decision taken is in the full interest of the minor themselves. Thanks to our professionalism and in-depth knowledge of the rules on representation, we are able to guide you in the most complex choices, always respecting the legislation and the specific family situation.
Our firm is characterised not only by technical competence, but also by an empathetic and personalised approach. We understand that every situation is unique and requires a tailored solution. For this we are committed to building with our clients a relationship based on trust, listening and mutual understanding. We are at your side to face with serenity and security all the questions relating to the management and protection of the minor’s assets, offering the support necessary to navigate a complex and constantly evolving legal field.
Contact us for a consultation: we make available our experience to protect the rights of the minor and to assist you in every step, with the aim of always ensuring the maximum well-being and patrimonial security of your family.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
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Via dei Gracchi, 151
00192 Rome – Italy
info@familylawboschetti.com
Phone: + 39 – 06 889 21971
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Days: Monday – Friday
Opening hours: 9.00–13.00 / 16.00–20.00
What is the difference between parent and guardian?
The parent exercises parental responsibility as a natural expression of the relationship with the child, with broad decision-making powers. The guardian, instead ad litem, is a figure appointed by the giudice tutelare who represents the minor in case of incapacity of the parents, acting with specific limits and controls, in particular for relevant patrimonial acts.
My child has inherited a house abroad: what should I do?
It would be necessary to verify the succession legislation of the country in which the asset is located in order to formally accept the inheritance. Subsequently, it must be declared in Italy for inheritance tax and included in the tax registry of foreign assets. It is advisable to use a lawyer experienced in private international law.
What is the difference between acts of ordinary and extraordinary administration?
Acts of ordinary administration concern the conservation and current management of the estate. Acts of extraordinary administration affect the consistency of the estate or create relevant obligations, often requiring the authorisation of the giudice tutelare or other competent bodies.
