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Thread: Dominican Inheritance Law

  1. #31
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    Quote Originally Posted by AndyGriffith View Post
    Mr. Guzman,

    Does the 3 year exemption only apply thru some type of residency program for foreigners or does it also apply to foreigners whom obtain residency thru marriage?
    It applies to all residencies.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


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    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  2. #32
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    my father died in 1975 leaving property in Santo Domingo but I never claim my inheritance from my mother, but my mother (80 yrs old) re-married. to a 55 yrs old man in the DR know she want to sell but she does not want to divide my father inheritance. what are my right of not loosing my parents inheritance to her new husband? thanks Maria

  3. #33
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    Your inheritance is separate.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


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    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  4. #34
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    Very worthwhile post. Dominican law applies generally to the inheritance of immovable property (real estate) located in Dominica (lex situs), but if the real estate of the deceased is out of Dominica and the laws of the country where the property is applied.

  5. #35
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    If it is out of Dominica? Then it has nothing to do with the Dominican Republic!!

    Lawyers will have a field day...

    HB

  6. #36
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    Question DR corporations and inheritance laws

    I have an acquaintance who is married to a Dominicana. He placed their residence in a DR corporation. This guy is a real tigre. I am suspicious that his corporation is formed to keep their house out of his wife's hands when he dies. Does the fact that the house is owned by his corporation, of which she has no part, keep her from inheriting the house upon his death?

  7. #37
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    She may not get the the house per se, but she'll get 50% of the shares he owns in the corporation; the rest goes to his children.

  8. #38
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    Unhappy Aha

    Quote Originally Posted by zoomzx11 View Post
    I have an acquaintance who is married to a Dominicana. He placed their residence in a DR corporation. This guy is a real tigre. I am suspicious that his corporation is formed to keep their house out of his wife's hands when he dies. Does the fact that the house is owned by his corporation, of which she has no part, keep her from inheriting the house upon his death?
    Thanks Expat. So if he only owns a small share of the Dominican Corp. and his other relatives hold the majority of shares the wife will only get half of his shares? That will deprive her of the home and she will be left with very little. Looks like a slick way to avoid Dominican inheritance laws. I know the family was very upset with the marriage and their possible loss of his assets to the new wife. He tries to reassure her with promises but she has never even seen a single scrap of paper or the will he tells her gives her everything. Sad circumstance.

  9. #39
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    Default Forced Heirship query

    My father passed away in 2007 - he and my stepmother jointly owned a villa in Sosua, DR.

    My father had two children - me and my brother - from his first marriage.

    My stepmother also has two of her own children from her first marriage.

    My father and stepmother had no children together, and bought the house while married to each other.

    As far as I am aware, the deeds/titles/etc are still in the names of my father and stepmother, nothing has been changed.

    All of the above people are British citizens, all are over 18, and none of us are resident in the DR. The property itself is currently rented out.

    Questions:

    1. What needs to happen in order for the villa to be sold? Presumably the deeds need to be updated first? How?
    2. How would the proceeds for the sale be divided?

    Many thanks.

  10. #40
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    To be sold the heirs have to go through a process called "determination of heirs" at the Land Court, which involves payment of inheritance taxes (apppox. 6% in your case, since none of them are Dominican residents). The house belonged to your father and stepmother 50-50; I assume because they married under community-property rules. Upon your father's death, his 50% of the property would go to his two children if there is no will. If there is a will, the matter could get complicated because of the forced heirship rules of Dominican law.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

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