what can I get as my father’s heir

My father left my mother when I was seven months old, for Italy. He never send a penny for me nor did he wanted to contact me he simply abandonned me. My mother never ask a penny from him for me but she was revengefull towards me in many ways she humiliated me all my life saying that I look like a boy and that I was so fat that no man could look at me and so on and so she even said to me not to say to people that I was her daughter. I taught that was very mean of her. But nothing prepare me for what I was going to get later from my father. I visit my father when I was 18 years old because the governement did not give my mother no more money for me she turned towards my father for help but instead of giving me help he completly distroy my dignaty in all saying that I was a mistake. His wife was also very cruel to me she was very nasty towards me. I became depress and she make me see a psychatrist in Italy and I was not informed that I was tre ated for medical reason I think that is not right and then I left for Canada. I never correspondid with him again. I was very agry for many years . After 23 years I call him back maybe to forgive him and to see if I could get some help before he passes away because his wife ates me so much . He told me to make my life and he will make his. So I clause the line and I continue my life that was in september 2007 later in december in called my mother to ask for me. So I took the phone and he told me he wanted to come to Canada to see me. He also started to give me 200 euro a month which I accept because I am going throught difficult times. I taught I came to see me because he felt sorry for me that he abandonned me. But he came with one of his 5 sons for to see what I wanted after 23 years I told him that his wife teared the photographes from me before I took the plane for Canada so I understood that I wasn’t welcome and also that she gave me in my food some medicine that I didn’t know about without my consent. I understood why he came because I wants me to sign a letter saying that I will ask for only a small house of 50 squares meter and that I will not ask for more from his kids. He is giving much much more he says to his others kids because they work for it . Big deal they are still living the great life with him So he didn’t come for me he came for his interests I would like to know what I can do againts all the pain he cause me by acting this way he never gave me a penny and his kids are still living with him and they are all adults. When I went to Italy he never show me his house I was in a country side. I would like to know what are my recorses and if I take a lawyer can I pay the lawyer after I win my case. I am convinced that he should pay because he abandonned me without even given me a phone to call or a penny to live on. Today I am 43 years old and marry with no children I always was scare that my husband would leave me the way the man called a father left me. He ask me why I didn’t have any children I told him that I was sterile but I am not I simply took measure not to get pregnant. I would like to know what you can to on my behalf.  My question is Does he have to give me exactly the same to what is giving is other kids? Should I sign that letter saying that I will not ask for more should I go against him to try to fraude me from a legitimate rights.

You have to receive the same part those other brothers of yours are receiving, apart from a small part which is called the “disponibile”, i.e. the available part, of which you father can dispose at his will. I would suggest you not to sign any letter of written paper, even though according to italian law every contract regarding a heirness before the death of the man whose heirness is dealt with has no value at all (divieto dei patti successori).

You could have asked child support until 5 years after your 18th year, now you cannot anymore. I would not bother as long as your father is alive, when he dies you will see, even though now he is probably going to fake sell some estate of him to his other kids, but you cannot do anything while he is still alive.

About Tiziano Solignani

L'uomo che sussurrava ai cavilli... Cassazionista, iscritto all'ordine di Modena dal 1997. Mediatore familiare. Autore, tra l'altro, di «Guida alla separazione e al divorzio», «Come dirsi addio», «9 storie mai raccontate», «Io non avrò mai paura di te». Se volete migliorare le vostre vite, seguitelo su facebook, twitter, linkedIn, g+ e nei suoi gruppi. Se volete acquistare un'ora (o più) della sua attenzione sui vostri problemi, potete farlo da qui.

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