Dominican Inheritance Law

Matilda · #1 12-28-2007, 05:13 PM

This is a question for Dr Guzman, or anyone else who knows the answers!!!

I am British, married to a Dominican. He has 3 children by two different women. The first two are 18 and 16 and have not seen their mother for 15 years. The third is 13 and lives in Spain with his mother and stepfather. The eldest two have lived with us for the past 6 years. I tried to adopt them for 2 years, but due to the ineffciencies of Conani failed before the eldest turned 18. And have now given up.

We own property and a business here in the Dominican republic. If my husband dies before me, I understand that the children will also inherit. My questions are as follows:

1. How much do they inherit - me 50% and them the other 50% divided between them? Or 25% each and me 25%.

2. It was actually my money which bought the various properties and the business. I assume that makes no difference.

3. Some are in his name, some mine and some joint. Do the children inherit everything or just those in his name and 50% of those in joint names? If everything is put in my name do they then not inherit anything?

4. I assume it is no point in him making a will? He has one leaving everything to me - but no doubt it would be overruled by the law of the land?

5. Could their mothers get involved even if they are over 18?

6. Could they sign a paper now, to say that they waive their right to inheritance if their father dies first (I have a will saying he inherits from me, so if I pop my clogs first then he gets everything anyway and I have no kids, Dominican or any other nationality!). We could get them to sign something saying they waive their rights to inheritance on his death but will get everything when I die later????

The two boys who are here know I would look after them, I tried to adopt them, but I am not sure about their mother coming after me nor the mother of the third child in Spain. I just hate the idea of having to cope with his death and then being thrown out of my house, and losing my business here.

Help!!!!!

Thanks

Matilda

SamanaJon · #2 12-28-2007, 05:55 PM

Matilda: I see your authentic concern on this matter. You have some very good questions for Guzman. I am interested to see what he will reply. My advice to you is, "Don't let your ESPOSO die anytime soon!!" As suggested earlier, there may be something valid in a legal Divorce and just live with him. Why do we weave these tangled webs? Have a Happy New Year. Smile a lot!!! It could be worse, you know..

Hillbilly · #3 12-29-2007, 12:02 AM

Matty: It's very easy

Everything you two have acquired (or brought to the marriage,)since you have been married is divided 50-50: 50% to you and 50 amongst the kids....where ever and whoever they are.
Like I said before, your hubby can give away up to 25% of his estate...according to Dr. Guzman...

HB

I do believe that there are some exemptions like land....

PICHARDO · #4 12-29-2007, 08:51 AM

The legal system of the DR has what's called "Patria Potestad" which revolves around the issues of children, their legitimacy and rights.

For any child to claim rights given by such laws in the DR, they must first prove to the court their legitimacy regarding their parents.
After that you have that the DR Law regarding the inheritance rights that those children are guarantee by such laws.

The inheritance is divided by the surviving members first that it was a 50/50 husband -wife split. Being that one of them is dead now; the remaining 50% of the deceased will be the initial inheritance of the children that are legitimate to the deceased parent. Even when one or more of the children were born out of wedlock but their legitimate status proven in court, then shall that court proceed to cover their rights as such.
Now... From the 50% of the split of the wealth of the parents, the surviving children will get that amount split equally among them regardless of age or gender. Even Steven...

That puts a stop to the surviving parent of depriving the surviving children from taking the money and property and going to the casino...

Those cases are seldom heard of since most families are just always together and any step children are always provided assurance by the surviving parent of their inheritance.

Let me put it like this: It's of no matter to the court who had the money before the surviving parents got together, but it does what was under their sole names. If any property was under both, then that property is taken into the split to the surviving children. What you don't want split to other kids from your extended family, keep it solely under your name and not both. In that case only "your" direct surviving children will have inheritance from that pool.

Again, since most families in the DR with step children get along like family that's irrelevant most of the time. As most would just recognize all children equally theirs and hence worth inheriting...

Matilda · #5 12-29-2007, 02:34 PM

Quote:

Originally Posted by Hillbilly

Matty: It's very easy

Everything you two have acquired (or brought to the marriage,)since you have been married is divided 50-50: 50% to you and 50 amongst the kids....where ever and whoever they are.
Like I said before, your hubby can give away up to 25% of his estate...according to Dr. Guzman...

HB

I do believe that there are some exemptions like land....

Thanks Hillbilly.

So if I get this right, the fact that the main amount of cash is the house and the business, and they were bought before the marriage, if I have those in my name only rather than joint, then they just get to share the remaining pieces of land we have, which were bought after the marriage. And if my husband wills me 25%, then I just have to give them half of them less 25%, so in fact I only have to give them 25% of the land which was purchased after we got married???

And, according to Pichardo, it looks like as long as I 'look after' them I don't actually have to give them the cash straight away?

Matilda

Fabio J. Guzman · #6 12-30-2007, 08:49 AM

1. How much do they inherit - me 50% and them the other 50% divided between them? Or 25% each and me 25%.

Assuming that you are married under community property rules, 50% of community property belongs to you. Upon the death of a spouse, his 50% and any non-community property he may have, will be inherited by his children in equal shares. The wife is not considered an heir of her 50%. It belongs to her from the time it was acquired during marriage. This is important because of inheritance taxes. The children must pay inheritance taxes on what they receive (if they reside abroad, a 50% surcharge on taxes due applies). The wife doesn’t.

2. It was actually my money which bought the various properties and the business. I assume that makes no difference.

It may, under certain circumstances too complicated to post here. Do you work independently from your husband? Were the funds the product of the sale of your separate property? Consult an attorney.

3. Some are in his name, some mine and some joint. Do the children inherit everything or just those in his name and 50% of those in joint names? If everything is put in my name do they then not inherit anything?

It does not matter in whose name the property was recorded. If it was acquired during marriage, it is community property and the children of the deceased spouse have the right to 50%.

4. I assume it is no point in him making a will? He has one leaving everything to me - but no doubt it would be overruled by the law of the land?

Incorrect. Because of forced heirship rules, you will not be able to get the whole estate as in the U.S., but your husband may leave up to 25% of his share to you.

5. Could their mothers get involved even if they are over 18?

No, assuming there is no nothing pending from old divorces.

6. Could they sign a paper now, to say that they waive their right to inheritance if their father dies first (I have a will saying he inherits from me, so if I pop my clogs first then he gets everything anyway and I have no kids, Dominican or any other nationality!). We could get them to sign something saying they waive their rights to inheritance on his death but will get everything when I die later????

Under Dominican law all agreements or contracts regarding a future inheritance are null and void (Art. 1130 of the Civil Code).

I urge you and your husband to consult with an attorney specialized in estate planning. If you have properties in the U.S. and the D.R., attorneys from both countries should be involved.

Matilda · #7 12-30-2007, 10:05 AM

Thank you so much. A fabulous reply which has answered all my questions and if you didn't have so many yellow boxes I'd give you a tick!!!!

Thanks again

Matilda

Lambada · #8 12-30-2007, 11:11 AM

The questions are so good and the answers so clear that I wonder if this should be 'stickied' so it is easily available for future reference?

malikp · #9 02-18-2009, 11:56 AM

so wait even if my dad leaves a will i still get a piece of everything?

granca · #10 04-18-2009, 07:38 PM

Just one point I would like to clear up please. Is it possible to put into the will that the children cannot touch any inherited money until they are 21 or 18 except at the discretion of the remaining spouse?