Estates in Italy are governed by Italian succession law and typically pass to the immediate family, i.e., surviving spouse and children. But what are the considerations outside this simple familial context?When considering placing Italian assets in a US trust other considerations may come to the forefront. Foreign trusts are recognized in Italy but in order to transfer real property to a trust one must use the instruments provided by Italian real estate law and comply with Italian tax law. This of course would pose additional costs which become unwarranted if the sole purpose of including Italian assets in a trust is to avoid probate since it is not a common procedure in Italy.A will written in the US is also recognized in Italy. Interestingly the same will written in Italy might be challenged if its disposition veers outside the parameters guaranteeing the immediate family a specific share valuation. The exception is the case of a testator without immediate family who may dispose freely to anyone.Italian assets are distributed to heir with an administrative procedure filed by a professional, not through the courts
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