US Resident who owns proprty in DR the past 30 years has passed

Ragnar101 · May 8, 2017

Greetings to everyone,

After a searching for a long time I was hoping someone could provide some info before I fly out to the DR. My father has owned a condo in the DR the past thirty years. I have the deed/title which is under his name alone. The property was bought years before he was married. Unfortunately he just passed away.

Can anyone advise me on who inherits the property? There are three surviving siblings and he has been separated from his current wife for a few years and evaded signing divorce papers. Does the separated spouse receive any part of the house since it was purchased before they met? Me and my sister want to fly to the DR and hire an attorney to start the process.

Also what happens if the third sibling in the US refuses to travel to the DR to take part in the process? Can we proceed without her? By refusing does she forfeit her portion? Better yet by refusing does she stop us from getting any portion? Only reason I can see her refusing is because her mother and her want the whole property.

Any info would be greatly appreciated.

AlterEgo · May 8, 2017

Supposedly the wife wouldn't be entitled to anything because it was purchased prior to the marriage

The children alone will inherit, siblings have no claim under normal circumstances. Was there a written will? If so, done in what country? Sr, Guzman has stated that DR will honor foreign wills. Was your father a Dominican citizen?

jimmythegreek · May 8, 2017

Ragnar101 said:
Greetings to everyone,

After a searching for a long time I was hoping someone could provide some info before I fly out to the DR. My father has owned a condo in the DR the past thirty years. I have the deed/title which is under his name alone. The property was bought years before he was married. Unfortunately he just passed away.

Can anyone advise me on who inherits the property? There are three surviving siblings and he has been separated from his current wife for a few years and evaded signing divorce papers. Does the separated spouse receive any part of the house since it was purchased before they met? Me and my sister want to fly to the DR and hire an attorney to start the process.

Also what happens if the third sibling in the US refuses to travel to the DR to take part in the process? Can we proceed without her? By refusing does she forfeit her portion? Better yet by refusing does she stop us from getting any portion? Only reason I can see her refusing is because her mother and her want the whole property.

Any info would be greatly appreciated.

More than likely, forced heirship rules will apply and the property inside the DR will be split down the middle to all the blood related children to your father. The third sibling should have as much right to the property as any other sibling, whether she is physically present in the country or not.

A will would have bearing, if there were no blood related children in the DR and divorced-widowed from wife-then no community property. Unfortunately, It sounds like he was still married to this woman and therefore she could be entitled to 50% community property interest of his property in the DR. Outside DR is another matter subject to a will.

Tashi Siu's Dad · May 8, 2017

When was the last time your father was physically present at the subject condo? Do you know what kind of shape it's in, where it's located and whether or not the homeowner's assn. there has taken an interest (thru liens) in the property. If your father failed to keep current with his fees, the account may be arrears and the association would be first in line to take funds if the property is sold. I'm on the ownership board of the condo that we own here in the D.R., and we are in the process of obtaining liens on several of the properties here in Punta Cana.

Ragnar101 · May 8, 2017

Thank you for some info. There was no will therefore the wife is getting pretty much everything in the us. I was mainly trying to figure if she could take the DR property too. Splitting it between his three children is great and what I hoped for. I just needed to know if the process could be started if two of the three children went to the DR. I think the third child wouldn't go to make it difficult for the other two just for spite since her mother wouldn't be getting a split.

Ragnar101 · May 8, 2017

He had a manager and care taker who kept up with the place,still does. He has a bank account that provide any necessary funds needed for upkeep and repairs. He was probably there within the last two years. I just don't trust that the ex would offer a friend attorney money to somehow put the condo in her name and bypass his children. Or at least tell them he only had one child instead of three.

jimmythegreek · May 8, 2017

Ragnar101 said:
Thank you for some info. There was no will therefore the wife is getting pretty much everything in the us. I was mainly trying to figure if she could take the DR property too. Splitting it between his three children is great and what I hoped for. I just needed to know if the process could be started if two of the three children went to the DR. I think the third child wouldn't go to make it difficult for the other two just for spite since her mother wouldn't be getting a split.

I would not be surprised that the wife in the U.S. could claim 50% community property interest to all his assets in DR.

From what I have read about this, community property to the spouse is #1-50%, then to the blood related children under forced heirship rules in the country.

irishpaddy · May 8, 2017

and as pointed out ...she is THE WIFE not THE EX WIFE

Ragnar101 · May 8, 2017

One side says wife gets 50% with no will and property bought the marriage, others says kids split it evenly. I expected as much. Guess i'll find out soon enough when i go there.

lifeisgreat · May 8, 2017

Wife gets her share regardless when bought this is death not divorce ...you also inherit debt not only house if there is any...you also stated separated ...have fun..

bob saunders · May 8, 2017

Ragnar101 said:
One side says wife gets 50% with no will and property bought the marriage, others says kids split it evenly. I expected as much. Guess i'll find out soon enough when i go there.

A decent woman wouldn't want it.

wrecksum · May 8, 2017

I have just been through this with a property I bought..
Just get a good lawyer who you can trust over here in the DR,,
Nothing else from abroad is accepted.Only Dominican laws.

Get a lawyer...

dom · May 8, 2017

before i hire a lawyer and waste my time and money, it is really wort it, a 30 year old condo has to be in a damn good location to be worth anything more then 60 to 100k, where is it located, how many bedrooms, is it beachfront?

irishpaddy · May 9, 2017

lifeisgreat said:
Wife gets her share regardless when bought this is death not divorce ...you also inherit debt not only house if there is any...you also stated separated ...have fun..

I disagree that you inherit debt...at least with regards credit cards and medical bills ....credit card debt dies with the death of the person responsible for the card

ExDR · May 9, 2017

Ragnar101 said:
Thank you for some info. There was no will therefore the wife is getting pretty much everything in the us. I was mainly trying to figure if she could take the DR property too. Splitting it between his three children is great and what I hoped for. I just needed to know if the process could be started if two of the three children went to the DR. I think the third child wouldn't go to make it difficult for the other two just for spite since her mother wouldn't be getting a split.

If he was a DR citizen the wife gets half and the children spilt the other half.

ExDR · May 9, 2017

wrecksum said:
I have just been through this with a property I bought..
Just get a good lawyer who you can trust over here in the DR,,
Nothing else from abroad is accepted.Only Dominican laws.

Get a lawyer...

The lawyers in DR want to charge you 30% of the inheritance to take the case. Some people are dumb enough to accept those terms. The property, unless it's right on the beach its not worth the expenses after the government take their share. Negotiate a low flat fee, but I recommend that you let who ever wants it to take it. You may come out in the red when all is said and done.

retiree · May 9, 2017

Take the legal advice of a trusted lawyer. Get a consultation with Guzman Ariza. Then decide whether it's worth pursuing. I agree with others here who state wife gets 50% and the other half split between the children. If your share is worth pursuing, you should have a lawyer representing your interests if you hope to inherit anything.

Expat13 · May 9, 2017

ExDR said:
The lawyers in DR want to charge you 30% of the inheritance to take the case. Some people are dumb enough to accept those terms. The property, unless it's right on the beach its not worth the expenses after the government take their share. Negotiate a low flat fee, but I recommend that you let who ever wants it to take it. You may come out in the red when all is said and done.

I thought inheritance tax here was 3%? Why would one pay an additional 30% to a Lawyer, when most likely it's a paralegal making some calls and processing some papers?

Ragnar101 · May 9, 2017

Thank you all. I'm flying out there tomorrow.its a 2 bedroom condo From what I remember it was like 100 yards from the ocean. It's either in or near Juan dolio. I hear they built a resort or large hotel basically next door. I have set up an appointment with an attorney. I really appreciate the feeedback. It's basically the only asset left that she hasn't taken and hope it ends well. It's sad I can't use the lawyer friend my dad had the past 30 years but he's friends with her and can't really trust that he'll do the right thing and follow the law.

dulce · May 9, 2017

Ragnar101 said:
Thank you all. I'm flying out there tomorrow.its a 2 bedroom condo From what I remember it was like 100 yards from the ocean. It's either in or near Juan dolio. I hear they built a resort or large hotel basically next door. I have set up an appointment with an attorney. I really appreciate the feeedback. It's basically the only asset left that she hasn't taken and hope it ends well. It's sad I can't use the lawyer friend my dad had the past 30 years but he's friends with her and can't really trust that he'll do the right thing and follow the law.

Best of luck to you. Please come back and update us on what the law is in your case.

US Resident who owns proprty in DR the past 30 years has passed

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