Deleted user
posted a year ago
Bankruptcy patrimony family business
Hello, My father went bankrupt recently. He owned 2 wineries; 1 historical with a restaurant managed by my uncle (his brother), and 1 created by him for wine shipping. Because of his constant debts and inability to pay, he created a company owned by 40% by my mother (which role is as administrator), in order to be able to maintain clients, contracts, and some business, which however never officially started. I spent the last 3 years abroad, I am 22 years old and I waited some time to get into this as I needed to mature and get some sort of education/life/work experience. Recently, my grandmother died and she gave her ownership of 55% of a big house to my aunt. The rest is owned by the bank my father went bankrupt with and may be bought by some international company. Now, my mother wants to and will give up her 40% to my sister, from that company she made up with my father, losing her position as administrator and electing my sister. My main question is: What can I do? Is there any right that allows me to own that 40% too? Is everything here looking legal, or should I stay out of it? Can I exercise any rights to my grandmother's house? I am young, and have my future in front of me. But I am today left with nothing. I am looking for an advice.
Country
  • Italy
Fields:
  • Banking and Financial
  • Property
  • Corporate and Company
  • +2
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federicovasoli
Deleted user
Lawyer
posted a year ago
I agree with Cosimo Palma's answer and would add that a proper estate planning is needed. Since you are young you may not want to put all your eggs in one basket.
mastromauro
Deleted user
Lawyer
posted a year ago
Gaia, credo tu la tua descrizione sia confusionaria. Non hai spiegato il rapporto tra tua nonna - tuo padre. Tuo padre ha accettato l'eredità o no? Mentre per quanto attiene alla partecipazione del 40% ceduta da tua madre a tua sorella occorre capire in che rapporti siate. Sta di fatto che contro la banca, in qualche modo si riesce a risolvere..per il resto, servono più dettagli per addivenire ad una corretta pianificazione
Deleted user
posted a year ago
Dear Gaia, in this situation you need to rebuild the property asset structure. Anyway, Italian law requires the so-called reserved shares: a share of inheritance attributed by law to certain categories of successors, such as yourself. Therefore, you can exercise your rights to your grandmother's house. It will be necessary to study documentation to choose the best defence, even against the bank. Feel free to write us at [email protected]. King Regards. Cosimo https://palma.partners/