My bf found out that his father had property in Dominican Republic but his dad passed away in 2011. The wife of his deceased dad has been maintaining the property since then. It is a long complicated story, but basically the father never divorced his mother before he remarried (i have no clue how that is possible) My Bf is planning to go to DR to find out all the information he can. He has a lot of paperwork that belonged to his father because the wife gave it it him. He wants to know what he would have to do first. Does he need to contact a lawyer in Dominican Republic? Does he need to go to some type of government office? Any help would be appreciated. Thanks all.
- Thread starter Kat Reyes
- Start date
Deceased family members property
its me I get legal advice first then try and discuss the circumstances with the wife. You will be much better off having a friendly negotiation with the wife than if she lawyers up and you are in a legal war in the DR. You know "make a deal". Maybe it does not work but its well worth a try.
Get legal advice, but in the DR, we can't disinherit children. At the very least, your BF and siblings if any is entitled to 50%
If he never got a divorced and the property was purchased while married to his previous wife, it's community property and she, the first wife, should be entitled to the other 50% (not as inheritance but as 1/2 owner). I'm assuming she'll have to prove she never divorced him.
If he never got a divorced and the property was purchased while married to his previous wife, it's community property and she, the first wife, should be entitled to the other 50% (not as inheritance but as 1/2 owner). I'm assuming she'll have to prove she never divorced him.
The first wife never did divorce. He claimed he divorced her that is what the second wife is saying. The second wife lives in New York city. He did consult a lawyer here in NYC and was tole the exact same thing
that Expat stated here. Since he will be going to DR to check the property he wanted to know if he should consult with another lawyer in DR. He did try to negotiate with the second wife and make a deal but she is not hearing any of it. His father did purchase the property when he was married to the first wife
that Expat stated here. Since he will be going to DR to check the property he wanted to know if he should consult with another lawyer in DR. He did try to negotiate with the second wife and make a deal but she is not hearing any of it. His father did purchase the property when he was married to the first wife
Yes, get a lawyer but be aware that they will try to charge you 30% of the value of the inheritance. The son gets his portion, first wife gets her portion, and the current one may get her portion if they were married. Negotiate a flat fee with a lawyer. I paid an even $5k to settle everything. My sister had no money so she agreed to the 30% and all her portion went to the lawyer because she was only entitled to 33%, lol.
Not surprised the maybe ex wife is uncooperative. Unless its a very nice house there will be nothing left after the Dominican lawyers pick the bones clean. Small normal houses here in the DR do not bring a lot of money. Could end up being a very sticky wicket. Expats advice sounds spot on. Good luck.
Yes, you need to consult with a lawyer here. If the father was Dominican and the property is here, only the opinion of a Dominican lawyer (and Dominican law) should apply.
Another reason to never buy property in the D.R. Once you are gone, so will the property after the Dominican lawyers take their share. Your family will get no where near the value.
There is a very prominent corner in Cabarete that has had litigation going regarding the true owners and inheritance for years.
Good luck, this can get so expensive it is not worth it. And the only way you can resolve it is by using ladrones, er, um, I am sorry, I meant lawyers. Not the DR1's lawyer is one of those, but, you know, you could pick the wrong one.
Good luck, this can get so expensive it is not worth it. And the only way you can resolve it is by using ladrones, er, um, I am sorry, I meant lawyers. Not the DR1's lawyer is one of those, but, you know, you could pick the wrong one.
Was the father dominican ? Is the boyfriend dominican ?
If the answer isnt a double yes, it will be an uphill fight.......just my 2 cents.
I would add that the bf should check out said property.
Campo vs town ? Upscale vs ghetto ?
Is it worth the hassle ?
It seems that if you are not part of the lucky 10-20% of the population, possession seems to be the rule of law ( or more like the rule of the pueblo ).
Good luck.
If the answer isnt a double yes, it will be an uphill fight.......just my 2 cents.
I would add that the bf should check out said property.
Campo vs town ? Upscale vs ghetto ?
Is it worth the hassle ?
It seems that if you are not part of the lucky 10-20% of the population, possession seems to be the rule of law ( or more like the rule of the pueblo ).
Good luck.
He is not sure what the father bought. He has no clue as to the value of the houses or what they look like. That was his reason for going over there. Yes the father was Dominican. No the son (my bf) was born here in New York. I will relay all of this information to him. I kind of figured it is a waste of time because my own father passed away and the house they had as a young child wound up not belonging to anyone, nobody got the house or land because of some type of legalities. We didn't bother fighting for it. But thanks again, I will tell my BF all of this information.
Consultations to find out exactly what the law is and how it relates to this particular situations cost nothing.
Not easy to do in the DR. There is no MLS to get comps, so any estimate will be a guesstimate at best.
A word of advice to any ex-pats on here with property rights in this country...be sure that all your heirs are listed on the Title to the property as owners in succession, if you plan on them having any rights to the property on your final departure. As most of us ex-pats are of "advanced stature", this is something we should consider.
Don't invest any money or do anything until you have seen the house/property. This whole conversation could be moot depending on what you find.