Via Amilcare Ponchielli, 3, Trieste

FAQ

Answers to the questions I am asked most often, in plain language. If you can't find yours, just ask me.

Please note: consultations are held in Italian. If you do not speak Italian, you are welcome to bring an interpreter or a trusted person who speaks Italian.

The office and the first consultation

How does the first consultation work?

You can contact me by phone, WhatsApp, email or the website form. We arrange an appointment at my office in Via Ponchielli 3, Trieste, or by video call. In the consultation I listen to your situation, review the documents and explain the options available. Please note that consultations are held in Italian.

How much does it cost to consult the office?

The cost depends on the type of matter and its complexity. Before any work begins you will receive a clear written quote, so you can decide calmly.

What should I bring to the first appointment?

All documents related to your matter: contracts, letters received, court documents, medical reports, invoices, messages. If you are not sure what is needed, ask me when you book the appointment.

Will what I tell you remain confidential?

Yes. A lawyer is bound by professional secrecy on everything learned from the client. You can speak freely.

Do you assist only individuals or also businesses?

Both. I assist individuals, families, professionals, condominiums and businesses before the courts of Trieste.

Family and inheritance

Can I talk to a lawyer before deciding whether to separate?

Yes, and it is a wise choice. A first consultation helps you understand the consequences for you, your children and your home before making any decision. It is confidential and does not commit you to anything.

Do you also handle inheritance disputes between siblings?

Yes. Divisions of an estate between siblings or other relatives are among the matters I handle most often. We start by reviewing the will, if there is one, and the assets, then look for an agreement or, if necessary, go to court.

How long does a consensual separation take?

With a complete agreement it usually takes a few months, depending on the court's workload or the procedure chosen. A judicial separation takes longer, depending on the complexity of the case.

Who stays in the family home?

If there are children, the home is usually allocated to the parent with whom the children mainly live, to give them stability. Without children, the ordinary property rules apply. Each situation must be assessed in detail.

Can I separate if my spouse does not agree?

Yes. Nobody can be forced to stay married: if there is no agreement, a judicial separation is started.

How long after separation can I apply for divorce?

Six months after a consensual separation and twelve months after a judicial one, counted from the first hearing before the judge or from the date of the agreement.

Can I divorce without separating first?

As a rule, separation must come first. In some cases provided for by law a direct divorce is possible. Today, separation and divorce can also be requested in the same proceedings.

Is divorce maintenance for life?

Not necessarily. It can be changed or revoked if financial circumstances change, for example if the recipient starts a new stable relationship or suitable employment.

How much does a divorce cost?

It depends on how you proceed: a joint divorce costs less than a contested one. Before starting you will always receive a written quote, so you know in advance what you will spend.

What can I do if the other parent does not pay maintenance?

There are effective tools: from garnishing wages to direct payment by the employer. Non-payment can also have criminal consequences. We assess together the quickest route.

Can the other parent move to another city with our child?

Changing the child's residence is an important decision that both parents must take. If they do not agree, the judge decides in the child's interest.

What are extraordinary expenses?

They are expenses not included in the monthly payment, such as specialist medical, school or sports costs. They are usually shared between parents by percentage; it is useful for the agreement to define them precisely.

By when must the inheritance tax return be filed?

In Italy the declaration of succession must be filed with the Revenue Agency within twelve months of the date of death. It is a tax obligation separate from accepting the inheritance.

If I renounce the inheritance, do the debts pass to my children?

Renunciation means the inheritance passes to other entitled persons, who may include your children. If they are minors, specific court authorisations are required. It is important to assess the whole chain before deciding.

A sibling lives in the inherited house and does not want to divide it. What can I do?

Every heir has the right to request division. An agreement can be proposed, for example selling or buying out the other shares; otherwise, mediation is started, followed by court division.

Read more: Family and inheritance

Protection of vulnerable people

My father can no longer manage his finances. What can I do?

The most suitable tool is usually support administration (amministrazione di sostegno): the Guardianship Judge appoints a person, often a relative, who assists him only with the acts he needs help with, leaving him the rest of his autonomy. I explain how to file the application and which medical documents are required.

How long does it take to obtain an authorisation from the Guardianship Judge?

It depends on the type of act and on the court's workload. A complete, well-documented application reduces the risk of requests for additional documents, which are the main cause of delay.

Who can apply for support administration?

The person concerned, the spouse or partner, relatives up to the fourth degree, in-laws up to the second degree, and also the social or health services caring for the person.

Is a lawyer strictly necessary?

In the simplest cases the application can be filed without a lawyer. Legal assistance is however useful to define the administrator's powers correctly, avoid requests for additional documents and handle complex family situations or significant assets.

What are the periodic reports?

The administrator must submit to the Guardianship Judge, at the intervals set by the judge, an account of income, expenses and decisions taken for the beneficiary. I can prepare or check them with you.

Can a minor receive an inheritance?

Yes, but under Italian law a minor can only accept it with benefit of inventory, so as not to be liable for debts beyond the value of the assets received. The judge's authorisation is required.

Can parents sell a house registered in the name of their minor child?

Yes, but only with the judge's authorisation, who checks that the sale benefits the child and decides how the proceeds are to be used.

Which documents are usually needed?

It depends on the act: generally a valuation of the property, ownership documents, the financial situation of the minor or protected person and a proposal for reinvesting the money.

Read more: Protection of vulnerable people

Home and property

Do you assist both landlords and tenants?

Yes. I assist landlords, tenants, buyers and sellers, both individuals and businesses. Naturally, in the same matter I can only represent one of the parties.

Is it worth having a contract checked before signing it?

Yes, almost always. The cost of a preliminary review is usually far lower than that of a dispute. Just send me the draft: I will point out the clauses to change and the risks to consider.

By when must a tenancy agreement be registered?

In Italy the contract must be registered with the Revenue Agency within thirty days of signing or of its start date, if earlier. An unregistered contract exposes you to penalties and serious problems in case of dispute.

Can the landlord take back the property before the end of the term?

Only in the cases provided for by law and in the manner set out in the contract. Protections differ for homes and commercial premises: it is best to check them before signing.

Can I have a ready-made contract checked?

Of course. Send me the draft and I will point out unfavourable or invalid clauses, proposing the changes to request.

After how many months of unpaid rent can I start an eviction?

For homes, a single unpaid rent instalment twenty days after the due date is enough, or unpaid service charges exceeding two months' rent. For commercial premises the assessment is different.

How long does it take to get the property back?

It depends on the tenant's behaviour and on the timing of the court and the bailiff. Acting immediately, without letting the debt build up, is the best way to shorten the time.

Can I change the lock if the tenant does not pay?

No. The owner cannot take the law into their own hands: doing so could have criminal consequences. The eviction procedure must be followed.

Isn't the notary enough to protect me?

The notary guarantees the legality of the final deed and is impartial between the parties. A lawyer protects only your interests, especially at the offer and preliminary contract stage, when the most important conditions are decided.

What happens to the deposit if the deal falls through?

If the party who paid the deposit defaults, the other party can keep it; if the party who received it defaults, they must return double. The exact rules depend on how the contract is written.

Is it worth registering the preliminary contract?

Registration (trascrizione) protects the buyer from mortgages, seizures or sales to third parties between the preliminary contract and the deed. It has a cost, but in many cases, for example when the timing is long, it is advisable.

What are hidden defects?

They are defects that were not visible at the time of purchase with normal care, and which make the property less fit for use or reduce its value. Defects that were obvious at the time of sale are generally not covered by the guarantee.

Can I repair the defect straight away?

Before intervening, it is best to document everything with photos and, if possible, a technical report. Without evidence it will be hard to obtain reimbursement of the costs.

If the seller acted in good faith, am I still entitled to compensation?

A price reduction or termination can be obtained even if the seller did not know about the defect. Compensation for damages has different requirements, which we assess case by case.

Read more: Home and property

Debt collection

Which documents do I need to recover a debt?

Invoices, contracts, accepted quotes, emails or messages, bank statements: anything proving that the debt exists and how much it is. Written evidence is essential to apply for a payment order.

By when must I act?

Under Italian law the ordinary limitation period is ten years, but for many debts it is shorter, for example five years or less. The sooner you act, the higher the chances of collection: it is best not to let too much time pass.

What happens if the debtor objects to the order?

Ordinary proceedings begin in which the judge assesses both parties' arguments. If the debt is well documented, the order can be declared provisionally enforceable even during the proceedings.

Is it worth acting for small amounts?

It depends on the amount, the evidence and the debtor's ability to pay. Legal costs can be charged to the debtor, but before starting I always assess with you whether the action makes economic sense.

Can the debtor offer to pay in instalments?

Yes, and it is often a good solution. A well-written repayment plan, stating what happens if an instalment is not paid, protects the creditor.

How much of a salary can be garnished?

Generally up to one fifth of the salary or pension for ordinary debts, with special rules for sums already credited to the account and for maintenance debts.

What is the precetto?

It is the formal notice ordering the debtor to pay within a deadline, usually ten days. If they do not pay, garnishment can proceed within ninety days of service.

What if the debtor has nothing?

That is why searching for assets is important before incurring further costs. Sometimes the debtor's situation changes over time: the title remains valid and action can be taken later.

Read more: Debt collection

Compensation for damages

How long do I have to claim compensation?

It depends on the type of damage. Under Italian law, for road accidents the limit is generally two years; for the liability of a healthcare facility it is ten years. Each case must be checked: it is important not to wait too long.

Should I keep any documents?

Yes: medical reports and records, photographs, accident report forms, police reports, receipts for expenses and any communication with the other party or the insurer. They are the basis of the claim.

What should I do immediately after an accident?

If possible, fill in the joint accident report, photograph the vehicles and the scene, collect the names of any witnesses and get checked at A&E even if injuries seem minor. Keep all medical reports and receipts.

How long do I have to claim compensation?

Under Italian law the right generally expires two years after the accident, but the limit can differ in some cases. It is best to act immediately, also because evidence is lost over time.

Do I have to pay the lawyer's fees?

In accidents where you are not at fault, part of the legal costs can be recognised by the insurer. Before starting you will always receive a written quote with the financial terms.

How long do I have to act?

Under Italian law, against the healthcare facility, public or private, the limitation period is ten years; against an individual employed doctor it is generally five years. The exact calculation must be made on the specific case.

How do I obtain my medical records?

The patient or entitled relatives can request them from the facility, which must hand them over promptly. I can make the request for you.

Does the initial assessment have a cost?

The forensic medical consultation has a cost, which I state in advance together with the written quote. It is an investment that helps you understand whether it is worth proceeding.

Can I withhold payment if the work was done badly?

In some cases payment can be suspended in proportion to the defects, but this must be done carefully so as not to end up in the wrong. I recommend discussing it before deciding.

Who is liable if the defects come from the design?

Besides the contractor, the designer and the site manager may be liable. The technical report also serves to identify those responsible.

Can the condominium act for defects in common areas?

Yes, through the building manager with a resolution of the owners' meeting. Individual owners can act for damage to their own units.

Read more: Compensation for damages

The answers are general, refer to Italian law and are not a substitute for advice on your specific case.

The first step is to talk about it

Tell me about your situation. I will reply personally and, if you wish, we will arrange a consultation at the office or by video call. You will always receive a written quote before any work begins.

Please note: consultations are held in Italian. If you do not speak Italian, you are welcome to bring an interpreter or a trusted person who speaks Italian.

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