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Thread: DR Inheritance and Will

  1. #1
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    Exclamation DR Inheritance and Will

    My mother has 3 kids, including myself. She also has 3 properties in Dominican Republic, and she wants to write a testament stating that the properties will go to only me. Because when my father (my parents were divorced) passed away my brother sold my dad’s property and gave no shares to me or my sister. Therefore, my mother wants to leave all ownership to me, as she knows, that I would actually and evenly split the property between my sister and I, and she no longer communicates with my bother.
    So the question we have is, would a will she writes in the US be valid in DR? Or does she need to write a testament will in DR? And would this be able to achieve, that I be the sole person inheriting her property. I am aware of inheritance taxes, and such, and I will be able to pay such fees.

  2. #2
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    Better ask a lawyer. But your brothers and sisters from her are able to share equally in her estate after she gives up to 50% anyway she wants. Pretty sure US law doesn't trump DR Law for DR estates.

  3. #3
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    if you want to be safe -- move the properties to you now.

    That will eliminate any confusion or legal juggling later

    Always better to execute what you can before death - then the parent is sure of what happens.... no guessing/hoping for the results

    Die with nothing.... easiest solution.

    Yes, we did it in my family

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  5. #4
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    There was a law passed, I think it is 544-14 which allows foreigner to dispose of assets in the DR by means of a will drawn up in their home country, rather than relying on Dominican forced heirship rules. There is a thread on DR1 about it here http://dr1.com/forums/showthread.php...ents-in-the-dr

    Matilda


    Moderator Ladies Only Forum
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  7. #5
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    The most important question is where is your mother domiciled? Article 54 of Law 544-14 establishes that the law governing a estate is the law of the last domicile of the deceased. If your mother is domiciled in the DR, then "forced heirship" will apply to the estate, meaning that she can only could only testate freely 25% of her assets, in which case you could get 50% of the estate but the other 50% must be split between your two siblngs.
    As for William Webster's suggestion to transfer property to you before your mother's death through, I assume, their simulated purchase, your siblings could sue to nullify it and even to deprive you of your share in the transferred asset (the Civil Code contemplates this a penalty),
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosa, Santo Domingo, San Francisco de Macors, Cabrera
    Las Terrenas, Saman, Bvaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  8. #6
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    The most important question is where is your mother domiciled? Article 54 of Law 544-14 establishes that the law governing a estate is the law of the last domicile of the deceased.
    If your mother is domiciled in the DR, then "forced heirship" will apply to the estate, meaning that she can only testate freely 25% of her assets, in which case you could get 50% of the estate but the other 50% must be split between your two siblings.
    As for William Webster's suggestion to transfer assets to you before your mother's death through, I assume, their simulated purchase, your siblings could sue to nullify it and even to deprive you of your share in the transferred asset (the Civil Code contemplates this a penalty).
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosa, Santo Domingo, San Francisco de Macors, Cabrera
    Las Terrenas, Saman, Bvaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  9. #7
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    Assuming again, Dominican domiciled estate.....is that correct?

    Nothing applies to a Canadian or American estate....?

  10. #8
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    Yes, that's correct.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosa, Santo Domingo, San Francisco de Macors, Cabrera
    Las Terrenas, Saman, Bvaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

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