How Is Inheritance Regulated By The Italian Law

The Italian Law no.218, dated 31st of May 1995, regulates the field of inheritance law in the framework of international private law. ( Italian Inheritance Law )

The succession regulations are determined according to the national law of the deceased at the moment of his/her death. Furthermore the Italian rules on conflict of laws take into account the possibility that the national law of a deceased foreigner might refer to the law of another country. Such deferment will be effective only if the law of the third State accepts the deferment. Lets take an example: if a British citizen before his/her death left some properties in Italy, the succession will be regulated by the British law. But according to the British conflict law, the law to be applied should be the lex rei sitae (namely the law of the country where the property is located), that is to say the Italian law.

The Italian legislator adopted the principle of unity of inheritance, which differs significantly from the one adopted in common law countries. It is based on the separation between non-property assets and property assets, and provides for that the law of the last domicile or last citizenship of the deceased party has to be applied to non-property assets, while the so called lex rei sitae (as above defined) is applied to property assets. According to this principle, if the hereditary asset comprises properties located in different states, the succession of each single property could be regulated by the law of the country where the property is located.

The testator has the right to submit his succession to the law of the country where he resides. Such choice has to be formally expressed in a Will and shall not be damaging for the rights provided by the Italian law for the legittimari, or forced heirs, (that is to say, the family members who have a statutory right to receive a fixed share of the property of the deceased, even against the will) who are resident in Italy at the moment of death of the deceased. Please also consider that both married partners and separated partners have precisely the same rights, while the divorced partners cannot argue any kind of assets.

It is highly desirable to draft an Italian Will and probate with the assistance of an Italian lawyer in order to limit the consequences of the legal succession. In point of fact, in absence of a Will, the legal succession will be applied, and in such cases the Italian law determines which relatives of the deceased have the right to succeed (primarily the spouse, the legitimate and natural children, and the ascendants). In case of lack of heirs, according to the Italian law, the hereditary assets present in Italy would be assigned to the Italian State.

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.

Why Everyone Needs A Durable Power Of Attorney

It is important for all adults to have a Durable Power Of Attorney. Here is an introduction to this important document.

A “Power of Attorney” is a legal document in which one person gives another person the power to act for him, including the power to sign papers for him. The person who is giving the power is called the “principal.” The person who will get the power is referred to as the “Attorney-in-Fact” or “agent.” “Attorney-in-Fact” does not require the person receiving the power to be an attorney. Any adult can be your Attorney-in-Fact, including your spouse, children, or siblings. Broad powers are given to the Attorney-in-Fact in a “General Power of Attorney”. This includes powers to sign checks and contracts, buy and sell real estate, manage bank accounts, and generally do anything the principal can do. The power to do only one or more specific things for a principal, like selling a certain piece of property, is called a “Special Power of Attorney”.

A”Durable” Power of Attorney is one that continues to work even if something happens to the principal that causes him to be unable to handle his own finances. A Power of Attorney must contain these words to be “durable”: “This power of attorney shall not be affected by the disability of the principal.” A “Springing” Power of Attorney only works at the time the principal becomes incapacitated.

Most Powers of Attorney which people have are Durable General Powers of Attorney. That is, they give broad powers to do anything, the powers can be used even when the principal is healthy, and they can be used if the principal becomes incapacitated. However, this cannot be know by the title alone. Some Durable General Powers of Attorney are called “Durable Power of Attorney.” Others are called “General Power of Attorney.” Still others are called “Power of Attorney.” You have to read the actual words of the document to find out whether a Power of Attorney is “general” or “special”, “durable” or not, and “springing” or not.

A Durable Power of Attorney is an important part of every estate plan. The Attorney-in-Fact can do anything necessary to handle an incapacitated principal’s financial affairs, including access to bank accounts, stocks, mutual funds, and real estate. If a person becomes incapacitated and does not have a Durable Power of Attorney, there will be problems with any assets in his or her name. The family members will not be able to withdraw money or pay bills for the incapacitated person. A family member will have to retain a lawyer, appear in court, and petition the court to assign a “conservator” of the incapacitated person’s property. (The conservator used to be called a “guardian.”) After the court officially appoints someone to be the conservator, the appointed conservator will be able to withdraw money, pay bills, and handle other financial matters for the incapacitated person. However, the court will order the conservator to keep careful records of every penny that comes to the incapacitated person and every penny that is spent for the incapacitated person. The conservator will have to go back to court every year, or as often as the court orders. The conservator will have to provide an accounting of all financial activity since the last accounting each time he or she goes back to court. There will be more attorneys fees and costs each time the conservator goes back to court. A good Durable Power of Attorney will easily avoid the expense and hassle of a conservatorship, and allow the Attorney-in-Fact to handle the pricipal’s finances without court supervision, legal fees of an attorney, and having to provide exact accounting.

This written advice was not intended or written to be used, and it cannot be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)

This column is for general information only. The facts of your case may change the advice given. The information in this column should not be relied on without consulting an estate planning specialist.

The Power of Positive Thinking And Th Law Of Attraction

The Power of Positive Thinking was mthng I hd experienced n m life mn years bfr I hd heard but th Secret r th Law f Attraction.

Since th release f th film “The Secret,” millions f people ll vr th world r nw experiencing hw th Power f Positive Thinking nd th law f Attraction wll create miracles fr u f u n grasp th concept nd apply t nt ur life n daily basis.

If u r unhappy wth ur life t rght now, thn change t rght now! The Law f Attraction teaches u tht w create ur wn lives thrugh ur thoughts.

“All tht w r direct result f wht w hv thought.” Buddha (563 BCE-483 BCE)

If u wake u n th morning feeling dwn nd negative but ur life thn b th Law f Attraction u r gng t attract mr thng t b negative about. But f u n ut switch ur thoughts nt mr positive thoughts b th Law f attraction, u mut attract mr positive thng nt ur life. The good news tht thrugh positive thinking nd th Law f Attraction u n change ur life n n instant! How powerful that!If u r unhappy wth ur life u n change t rght now!Here r couple f thng I u tht work fr me.

Focus n wht u have, nt n wht u don’t have. Th wll send ut positive vibrations nt th universe tht wll bring u mr thng t feel good about, f u focus on wht u don’t hv t u uld subconsciously b sending ut negative vibrations.

Be grateful everyday whn u wake up. Yu hv ut bn gvn nthr opportunity t live th life u want.

Areas of Practice for an Elder Law Attorney

Elder law may be a legal term that you are not familiar with. That would not be surprising as it is a relatively new term that first came into circulation in the early 2000’s. It describes an area of the law that deals with issues that affect the aging population. Examples of these issues include health care, estate planning, employment discrimination, receipt of benefits, and planning for incapacity or mental incompetence.

A lawyer who works in the field of elder law has extensive knowledge about the needs of the aging population and would understand the unique challenges that face senior citizens. An attorney would be well-versed in various physical, mental, and social issues that accompany the process of getting older. Elder law covers many areas such as advocating for seniors, counseling, and planning for future needs. These attorneys stay informed about the resources that are available to their clients, such as being aware of the networks of professionals in a given area who serve and support elderly individuals.

Health and personal care planning are a part of what elder law deals with. If you would like to have a living will, or would like to speak to someone about what is involved in choosing a person to be your power of attorney, this is the professional you need to get in contact with.

When it comes to your health, you never know what the future might bring. Before you find yourself facing a serious illness that impacts your ability to take care of yourself, discuss your long-term care options with an elder law practitioner. Ask questions about what is involved in guardianship and the rights that you would have if you were to move into a nursing home.

Will and trust planning are topics that an attorney can help clients with. This is a subject everyone needs to think about, not just the elderly. Start planning for yourself and your loved ones when you are in the best of health.

If you are interested in hiring a lawyer who specializes in issues related to seniors, be sure to ask how many years they have been in practice. Inquire about what percentage of the lawyer’s practice is committed to this area of the law. Does the person further specialize in a specific area, such as nursing home claims or estate planning?

Figure out your plan for the future now. Discuss things with your spouse and your family so that everyone is on the same page when big decisions need to be made. Most importantly, think about your needs without being swayed by the opinions of others.

Start planning now, contact an attorney of elder law. Grand Rapids area residents, click here:

Watch Four Christmas Full Movie – Free And Legal Way

If you are a person who likes to laugh his heart out while watching movies, then soon to be released Four Christmas is the ideal movie for you.
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The director of this full length comedy movie is Seth Gordon. The different characters are brought to life by star casts like Vince Vaughn, Reese Witherspoon, Jon Favreau and Robert Duvall. This out and out romantic comedy flick is photographed by Jeffery l Kimball and the scintillating music is by Alex Wurman. This movie is brought to you by New Line Cinema in association with Spyglass Entertainment.

This Christmas comedy movie features Vince Vaughn (plays the character of Brad in the movie) and Reese Witherspoon (plays Kates character in the movie) as unmarried San Francisco couple who are forced to visit four different sets of divorced parents for the holiday season. It is due to the severe fog that the couple gets trapped at the San Francisco airport and their plans to leave the city without getting noticed by their parents completely gets foiled this time around as they are caught on local news camera that flashes their whereabouts locally.

Each of their parents is expecting them to come home this Christmas. The manner in which the couple confronts these different situations and the changes that take place in their lives following these visits to their parents forms the crux of the movie.

Now that you have heard the synopsis of the movie, you would be dying to watch the movie. But with the exorbitant ticket pricing, it is difficult to take a family out to the movies these days. Now there is a way out of this crisis. You can watch Four Christmas full movie or any other movie for that matter at the comfort of your homes with your family and friends by downloading the movie from various legal online downloading sites. By paying a nominal amount as membership to online downloading site, you will have access to many classic, box office smash hits and latest movie flicks.

After downloading, you can watch Four Christmas full movie whenever you want to and without the hassles of waiting in queue to purchase the tickets and that too at a very affordable cost.

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It is high time that you have started using the facilities provided by the online movie download website. Just sign up at the following site (in the resource box) and you will have access to download this Seth Gordons movie and watch Four Christmas full movie in the company of your family and friends.