Property Inheritance Question

[M1299]

Hi,

I'm having a difficult problem and I hope that someone can give me a straight answer.

My father died this past July. His testament (drafted in 1991) clearly states that my sister and I are the sole heirs to his property. The attorney that drafted the testament now says that my father's property must be split evenly by all of my father's children, all of whom are adults of legal age. Is this true?

The attorney also tells me that because he is the one that drafted the testament, he is the only one that can declare who is and who isn't an heir. Is this also true? My sister and I need to be declared heirs so that we can get our names on the deed to the house.

Thanks!!!

[HOWMAR]

See http://www.dr1.com/forums/154117-post3.html

Are you also sure there is no surviving spouse?

[M1299]

There is no surviving spouse. My parents are divorced.

I read the the link, but I still don't understand why my father was allowed to draft a will leaving his property exclusively to 2 children, when the law states that all children are heirs.

[Hillbilly]

Because Dominican law no longer discriminates between children born of a marriage, those born outside of wedlock and those born during an adulterous relationship.
You have to split everything with all of the children that can prove they are your father;s children. Even stevens. $100,000/10 = $10,000 each!!
Your father, besides being promiscuous, was also not very smart. There were ways around this, especially in 1991.....and that lawyer knew that, too.

HB

[Fabio J. Guzman]

Originally Posted by M1299

My father died this past July. His testament (drafted in 1991) clearly states that my sister and I are the sole heirs to his property. The attorney that drafted the testament now says that my father's property must be split evenly by all of my father's children, all of whom are adults of legal age. Is this true?
The attorney also tells me that because he is the one that drafted the testament, he is the only one that can declare who is and who isn't an heir. Is this also true? My sister and I need to be declared heirs so that we can get our names on the deed to the house.

You may have to change attorneys.

Your father's will is not invalid. What will happen is that instead of you and your sister getting 100% of the estate (50% each), your proportion will be reduced to the following: 75%/number of children + 12.5%. Let me explain.

If your father had three or more children, he could only dispose by will 25% of his assets; the remaining 75% is RESERVED BY LAW to ALL his children.

Let's assume there are 6 children. Each one will get 75%/6 = 12.5% of the estate. You and your sister, however, will get what every child gets (12.5%) + your proportion of the 25% which he could give away to anyone he liked (another 12.5%). Conclusion: you and your sister would get 25% each and the other siblings 12.5%

Any heir can submit the inheritance declaration to the authorities.

[Hillbilly]

"...he could only dispose by will 25% of his assets;"

I had forgotten this part. Thanks. I sure agree about getting another attorney...

Gotta love the information here...

HB

Hey! But I was close to being right, hehehe

Close is only valid in hand granades and horseshoes: Old HB saying