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Inheritance

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lspriggs0325

Hello,

Not sure if this message is posting so I am resending.

My father passed away last week.  He did not have a will but left a house. My mother is alive and there are 4 siblings including me.  I understand that she will receive 50% of his assets including the house and the siblings will receive 50% to be divided among the 4 of us. I was also reading that there are tax laws and that we would have to pay a Levi on the house.  I also read something about succession laws that require us to report his death to the court so that they can begin the Levi process within 30 days of his death.  Can anyone confirm or correct this?

I know eventually we will need to get a lawyer.  Some want to sell others want to keep the house.  If you know of a good lawyer, please send me their contact information. 

Thanks

planner

This is fundamentally correct.  I believe the reporting is required by 90 days but due to issues around covid there is no enforcement on that currently.

Yes you will need a lawyer!

lspriggs0325

Thank you Planner. Appreciate your assistance as always.

planner

Happy to help

rafaeljblanco

I hope that I am doing this right. Asking a question here.

Example husband dies, survived by wife an adult children like above. Can the children just state they don't want their part. Can the widow just keep the house?

Tripp789

I don’t have the answer to that question Rafael, but getting a Dominican Will to distribute the property as desired is fairly cheap. 

planner

The rules here govern this and it's not always what you want. It's a process to decline an inheritance.  Get a lawyer for this question honey.

rafaeljblanco

Thank you. Last night a friend that worked in Dominican Customs was telling me the ins and outs of getting property into the country and some other laws that we would not find "normal" and he preceded the inheritance with "having a testament doesn't do anything, the law stands over the testament"   

Clearly I need a Dominican attorney. There has to be a way that the children and opt out.


Thanks for your quick reply.

rafaeljblanco

@planner Thank you, this is above my pay grade.

I will consult a Dominican Lawyer.

DRCulture

When I purchased property this year, I had my husband’s and my daughter’s names added to everything. My attorney had them included in the tax records as well.

she said we are all set for inheritance if anything should happen to me.

Tippj

My attorney told me if you don’t have a will you property will automatically go to to the oldest male in the family’ even if the daughter is older so if I wanted to distribute it equally I would have to have a will  , the reason given about the oldest male is some ancient rule of law where the oldest male will carry the family name  and take over the responsibility of providing for the family…….. welcome to the 21. Century….  :-}

stealth19

@lspriggs0325

50% of the property value belongs to your mother. Plus she inherits 25% from the 50% that belonged to her husband. The other 25% is distributed amongst all of your father’s legal children.

Yes, if all the children are in agreement they can renounce their inheritance in favor of your mother (legal wife at time of death.) A document to that effect have to be signed individually by each heir. An inheritance lawyer is best to handle all the legal procedures.

Be aware that when the property appraiser goes to evaluate the property, He or She will take into account the fixed or immovable property as well as the movable property (furniture, automobiles, machinery, paintings, everything that can be move and belonged to the couple 50/50. 👀

Google inheritance lawyers in Dominican Republic,

you will find an English speaking Legal Firm such as Guzmán Ariza, experts in Estate Law. Make sure you have the lawyer sign you a letter agreeing to the final payment and not one more cent for his legal fees. usually a percentage of the total inheritance, if not, there is a possibility that the final fees could be adjusted up from the original agreement. Unless you specify, the adjustments are left open for interpretation.

Sorry for your loss, RIP your father. Take good care of your mother.

That’s all I have to say about to say about that. Hope this help. Trust but always verify.

planner

Tippj that lawyer is not informed!  That is not correct and has not been for years!


Stealth - sounds about right based on my first hand experience. All is good until someone decides NOT to renounce their share. Then it's a mess!

Tippj

Where’s the a will , there’s a relative ….🤔

polo1club

I have been waiting on the "Acta de Inherencia" for a few years now. its a very very slow process and with the pandemic it slowed it down even more. But a lawyer is a must to handle this for you. My siblings gave me power of attorney so we all do not have to go to DR every time something needs signing. But its a long and complicated process. A will is a must to alleviate many headaches to surviving children or spouse.

polo1club

@rafaeljblanco Anything can be worked out among the spouse and children it just depends what everyone wants to do and agreed's on. It can get messy with family that is for sure!

lspriggs0325

@stealth19 can you elobarate more about the estate lawyers fees?  I don't quite understand.  Can we pay the lawyer after the home is sold?  Doesn't sound right.  I probably misinterpeted your comments.


Thanks

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