Rights of Next of Kin?

edcol123 · #1 09-08-2003, 03:29 PM

Dear Sir:

My mother-in-law's father recently died intestate leaving behind what I believe to be a sizeable amount of land. The father is survived by his three daughters ( my mother-in-law & her two sisters) as well as numerous grandchildren. He also had two sons who died prior, and so the children of the departed sons are now making a claim to their grandfather's estate.

My question is under Dominican Law are the grand children entitled to anything, particularly those of the deceased sons who are seeking to make a claim based on their deceased father's supposed shares.

Finally, do you handle probate law or can you recomend someone.

Thank you.

Edward

Ken · #2 09-08-2003, 03:39 PM

While you are waiting, you may want to visit Fabio Guzman's website at www.drlawyer.com and/or contact him direct by email to see if he can handle your case info@drlawyer.com

Hillbilly · #3 09-08-2003, 09:27 PM

The surviving widow inherits 50% of the estate

The deceased sons children split the other 50% equally. along with your Mother in Law and her two sisters.

If I have counted right there were 5 kids so each kid (or his children) have 10% of the estate. The widow gets 50%.

If the wife is already dead, then the kids split at 20% each. Only the grandkids of the deceased children get anything since they inherit from their fathers.

There are taxes to be paid so go very carefully and quietly. the quieter the better.

HB, not a lawyer but we went through this.

edcol123 · #4 09-08-2003, 09:39 PM

Uh appreciate the reply Hillbilly but it appears that you didn't read my posting correctly. Let me try again - My mother-in-law's old man died recently. Prior to his death he lost his wife and his two sons. So at the time of his death he only had three children (my mother-in-law & her two sisters). No wife, no sons, just the three daughters.

OK, the problem is that the children of the two deceased sons are looking to make a claim on the old man's estate. My question is under Domincan law do they have any rights. Remember no will.

edcol123 · #5 09-08-2003, 09:42 PM

I've re-read your posting and it appears you did read it correctly. Must be me...tired. So basically what your saying is that the grandchildren have rights to the estate. Do you believe that to be true even without a will.

Escott · #6 09-09-2003, 12:09 AM

Thats is the way it is. You lost 40% of what you thought you had but didn't deserve by Dominican Law.

Too bad for you.

Hillbilly · #7 09-09-2003, 04:34 PM

that is why there are laws that take care of things.

The children (5) inherit all. Since there are two dead children, thethe kids inherit what their fathers would have inherited. Consider yourself lucky that the old man was not a philanderer. IF he had a flock of children by other women, they would inherit equally with the children from the marriage.

Remember, I am not a lawyer. But I have lived through some of this...

HB

Fabio J. Guzman · #8 09-09-2003, 07:10 PM

The estate is divided into five parts, one for each child of the deceased. For the two sons who predeceased their father, their children inherit their share (Article 740 of the Civil Code).

edcol123 · #9 09-09-2003, 07:39 PM

Thanks to everyone who replied.

A follow-up question: if the property was transfered to one of the children prior to the father's death would that law still apply?

Again thanks to everyone for their help with this matter.

Hillbilly · #10 09-11-2003, 09:38 AM

Now this situation is the cause for death, and court battles all over.

It depends on how the transfer was handled.

Was it sold? If so at what price and is that price acceptable? (ie.: No $1.00 per acre deals)

Were the taxes paid on the sale.? Was the sale registered in the Tribunal de Tierras?

This is where it gets really messy. If the transfer was not on the up and up, a court battle will be certain, and whoever has the most money wins.

You cannot transfer land or property with the intention of dis-inheriting some of the children.

HB