Inheritance rights for children of first marriage

obiuno

Member
Jan 2, 2002
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I was born in the Dominican Republic, but shortly afterwards my parents divorced. My father later remarried, and I went to live to Miami with my mother and two brothers.

Although I've tried to keep in touch with my father and brothers from his second marriage, we only talk when I go visit our hometown. He has a sussesful business in the DR, that he started with the selling of a plot of land that belonged to both he and my mother.

That was in the early 70's, before my parents divorced. My mother never saw a cent of that money, and she made no attempt to claim it. My questions is, what are the inheritance rights of my brothers and myself regarding my father, since he started his business with the sales of a family asset (the plot of land)? Where can I find information regarding that transaction? I have no idea where this plot of land was (I only know it was in santiago),and my father's name. The lawyer that handled the transaction passed away a while ago.

My interest in this matter is because my father second wife told I friend that she and my father have put all their assets in the name of their eldest son. Yet, when my mother tried to transfer a plot of land that she owns in santiago to me, her lawyer told her she could not do that because she'll be depriving my two brothers of their inheritance rights. I'll apreciate any information you can provide to help me.

Best regards,


Obiuno
Orlando, FL
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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All your father?s children will be heirs of his estate without distinction. Under Dominican rules of inheritance, most of the estate must go to the children of the decedent irrespective of the existence of a will ("forced heirship"). For example, in a estate with two children, at least 2/3 of the estate must be reserved for the children in equal parts; if there are three children, the proportion is raised to 3/4 (Art. 913 of the Civil Code). Putting all the assets in the name of one of the children constitutes an illegal gift than can be revoked in court. Assuming there are three children or more, your father can only dispose by gift or by will assets not exceeding 25% of his patrimony.

A word of warning, because of the nature of this board and the ethics of the legal profession I can only provide you with general information on the topic presented. My reply should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should not act upon this information without a full and proper consultation with an attorney of your choice. I assume no liability or responsibility for any errors or omissions in the content of this response.

www.drlawyer.com
 

Pib

Goddess
Jan 1, 2002
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That was a very interesting piece of information. One lives, one learns. How about the mother of his first children? Is she entitled to inherit or is it only the current wife?

BTW, I am curious. Why the disclaimer? :confused: Almost everything in the US comes with warnings and disclaimers, but I don't see much of it here. Maybe common sense is more common here? Why would anyone be so stupid as to believe that your post constitutes a consultation? Has it happened to you already?
 

cled

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Jan 3, 2002
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I am not speaking for Fabio J. Guzman but I think he did right by posting the disclaimer. I have seen instances here in the US (this site's name was registered in the US, therefore, it is under US jurisdiction) where there are those that are "stupid" enough to sue over matters that would make one laugh (or cry if you are the defendant).

This is my fist post here and want to add that this site is very informative. I look forward in reading future postings (particularly in the legal arena).
 

El Jefe

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Jan 1, 2002
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Hi PIB

Dear PIB,

While only the most intelligent of us from the old board have been able to figure out the new one, I think that the stupidity of some of those from the old board will end up here eventually. Let's face it, some of them would be dumb enough to consider the a post to be a consultation (of course friend Fabio should immediately send them a bill as they would probably pay it!). Glad they got your Username settled before you had to hire him.

Wish all the old names could have been automatically transferred but I guess it was a way to weed out some, especially those who might not have been posting for a long time or who were using multi names.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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252
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www.drlawyer.com
You would not believe how uncommon common sense is in legal practice. In my life as an attorney, not to mention the 74 years of our law firm, I have seen or heard enough horror stories about misunderstandings between a lawyer and his/her prospective client. Some people just don?t understand that for an attorney to give a proper consultation he needs to meet with his client, listen to his story in full, complete the picture by asking many questions that may seem irrelevant or farfetched, study the documentation available and then THINK. My disclaimer tries to make the questioner understand that he needs to see a lawyer, that there?s a lot more to his case than can be answered in a public bulletin board. I cannot just assume that he (Obiuno) knows (although he sounds intelligent enough from his postings).

My intention is to repeat the disclaimer every time I answer a question dealing with a specific personal case.
 

nightrider

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Feb 22, 2007
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hola.hopefully to marry my wife who dominican,she has son of nearly 4 yrs old,but she never married father,who now lives in MALAGA SPAIN and married with another son...i like to know the fathers rights over his son?,as made the mother of his son sign papers,which he say required by law,on these papers sons last name changed,copy given to sons mother( birth certificate).me think not legal!! but she sign as not want problems...help on subject be much appreciated,,gracias
 

nightrider

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Feb 22, 2007
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TO FABIO J.GUZMAN, hola.hopefully to marry my wife who dominican,she has son of nearly 4 yrs old,but she never married father,who now lives in MALAGA SPAIN and married with another son...i like to know the fathers rights over his son?,as made the mother of his son sign papers,which he say required by law,on these papers sons last name changed,copy given to sons mother( birth certificate).me think not legal!! but she sign as not want problems...help on subject be much appreciated....PERHAPS YOU CAN HELP WITH THIS MATTER....ALSO A PROBLEM OVER INHERITANCE?...COLIN,GRACIAS
 
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nightrider

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Feb 22, 2007
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FABIO J.GUZMANI.. really don't understand your question. Please rephrase.

Sorry,i try and explicit..i need to know of fathers rights over child,when never married to mother,has he control over his son?...gracias,colin...
ps i like to add, father now not resident of dominican
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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I'll make two assumptions: (1) the father acknowledged the child and (2) the mother has custody.

Under those assumptions, the father may seek custody of his child if the mother acts in an unmotherly fashion. He also should have the right to have time with his child.
 

nightrider

New member
Feb 22, 2007
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I'll make two assumptions: (1) the father acknowledged the child and (2) the mother has custody.

Under those assumptions, the father may seek custody of his child if the mother acts in an unmotherly fashion. He also should have the right to have time with his child.
..
gracias for info,the father only seen son once since,august 2005.I like to add father lives in MALAGA SPAIN AS RESIDENT THERE...
 

falicia

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Mar 17, 2007
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My mother died in 1983 and left over 90 acres of land which was left under my half sister's name, my two half brother went to DR and claimed it for themselves. My sister's and I were let with none of it. According to Art 913 of the Dominican law, property can not be claimed by one child but divided equally between all siblings, how was it possible for them to get all the land.
 

Mike Dundie

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Feb 22, 2008
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I am an American married to a Dominican woman. She and her 2 siblings were born in the US. Her parents were both born in DR. Her mother now lives in the US while her father was living in Santiago when he passed away in 1993. They were divorced at the time of his passing.

When my wife's father passed away in 1993, he left behind 3 parcels of land - 2 in Santiago and 1 in the campo. For reasons I don't fully understand (?), neither my wife nor her 2 siblings have claimed it as the rightful heirs. My wife's uncle recently returned from a trip to DR and warned us that my wife and her siblings may be in danger of losing their inheritance to squatters.

What do you recommend we do at this point?
 

Hillbilly

Moderator
Jan 1, 2002
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GET A LAWYER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

THAT IS ALL YOU CAN DO SHORT OF HIRING A FEW THUGS TO GO CLEAN UP THE LAND.

hb