Complicated Inheritance Question

J

jimmythegreek

Bronze
Dec 4, 2008
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Sort of a complicated matter, but here it goes:

If a Dominican man becomes deceased leaving no wife and no blood related children, but only 8 brothers-sisters (4 surviving-4 deceased-Parents deceased) AND one spouse previously deceased with children from another marriage,

Do the children of the 4 deceased brothers-sisters and/or the children of the previous deceased spouse have a right to the inheritance under the inheritance laws?

I would believe only the 4 remaining 'hermanos' would have right to the inheritance under the current inheritance laws, however the surviving children to the deceased hermanos and ex-spouse may have a right-whether they are blood related or not to the deceased in question?
 
J

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
Tashi Siu's Dad said:
Was there no will in this case? That would have solved the whole problem.
Click to expand...

Yes, there is a will. However, I believe that the inheritance laws in RD supersede wills and testaments (at least for property in RD). Anyways, the will merely reaffirms the law by stating that proceeds of his estate goes to his family-whatever that may be.
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Forced heirship rules only benefit children and parents, not siblings nor other relatives. As Tashi Diu's Dad stated, a will in this case would have solved the problem.

If there is no will, the estate will be diivided in eight equal shares among the eight siblings; the children of the deceased siblings will divide their parent's share equally among themselves.
The unrelated children of the former spouse are not heirs.
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
Forced heirship rules only benefit children and parents, not siblings nor other relatives. As Tashi Diu's Dad stated, a will in this case would have solved the problem.

If there is no will, the estate will be diivided in eight equal shares among the eight siblings; the children of the deceased siblings will divide their parent's share equally among themselves.

The unrelated children of the former spouse are not heirs.
 
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