Who inherits in the event of death of a spouse?
This is the continuation to the thread below on separation of assets.
Spouses are not regular heirs to each other under Dominican law. If a spouse dies, 100% of the assets go to the children. If there are no children, 100% of the assets go the siblings and the parents. If there are no siblings or parents alive, 100% of the assets go to other relatives. Only in case there are no relatives up to the 12th degree will the wife become an heir.
It’s all a question of blood. It reminds me of an inveterate bachelor in my hometown of San Francisco de Macoris who when asked why he didn’t get married always answered with this question: Why should I support somebody that’s not even related to me?
Things are not as bad as they seem, however. First, it is possible to leave assets to your spouse by writing a will, although there are restrictions on what you can give him/her (only 25% of your assets if you have three or more children, no more than 33% if you have two children, no more than 50% if you have a child). Second, 99% of Dominican marriages are governed by community-property law. When a spouse dies, the surviving spouse is considered the owner of 50% of matrimonial assets. This 50% is not considered to be a part of the estate and therefore no estate taxes apply. The remaining 50% is split in equal parts among the children.
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