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Old 16-10-2008, 23:28   #4
Tiocfaidh

 
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Yazan Konuk
Interesting post and hope you don't mind if I ask a related question regarding property inheritance.

My Turkish father left my Italian mom and I in Italy when I was a baby and he went back to Turkey, I'm Italian born and now 18.

Through facebook, an older Turkish cousin recently found me and told me she wants to meet me, she also told me my dad had remarried and has another son in Turkey. Dad actually never divorced my mom, he just left one day saying he had to visit a sick brother and never came back or phoned or anything so they are still legally married (they married/lived in Italy). My cousin found out about me, but was told to keep me a secret from the rest of the family in Turkey, especially my dad's Turkish wife and son...my cousin was also told that my mom left dad and was shocked to learn the truth.

So I have a 1/2 brother, but as mom/dad married in Italy, Turkey does not know about my mom and me and probably his Turkish marriage is illegal. If something happens to my dad, i understand that his assets would go to his Turkish wife and son, but what about me?. The Turkish government does not know that i exist, so how would i get my inheritance if something happened to him?. Only one cousin knows about me and if for some reason I would lose contact with her, i would never know anything. Nobody in 18 years has ever contacted me, except this cousin who found me through the internet, she was not even looking for me, but she recognized my surname same as hers and noticed i looked the same as her uncle.

Can you help me please and tell me what i can do to get my inheritance rights in future should i outlive my dad?.

According to Turkish International Private Law rules, the process of inheritance is held subject to the national law of the deceased person. In respect of this rule; your all transactions, claims and cases must be done in accordance with the Turkish law.

I'll shorltly inform you regarding what you should do for claiming your inheritance rights according to Turkish law in the following;

First, you should make sure whether your parents' marriage is registered in entitled offices of both Turkey and Italy in order to claim your natural rights as being your father's daughter/son. But in respect, your father could make a new marriage with another woman in Turkey, we can come to the conclusion that the marriage was not registered in Turkey considering that the polygamy is outlawed in Turkish Civil Code.

In terms of this prospect(assuming that your parents' marriage is a registered and valid one Italy, but not in Turkey), you'll be able to have equal inheritance rights as well as your father's son in Turkey by bringing an affiliation case against your father in Turkish courts.

I've tried to be as understandable as I could without getting in terminological issues of law. I hope this helps.