Will: Distributing Property

L

LARA7799

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Dec 24, 2003
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I have an issue regarding the distribution of property left in a will
for eight children.

The father passed away seven years ago, and left in his will, a building in Dominican Republic for his eight children (from two separate women) that live here in the United States. However, the executor has refused to produce any documentation to the siblings of the "other woman" with respects to the rent that was collected, the appointed attorney's name (in DR), or any other information regarding the property and efforts to sell it. Now the executor is telling the siblings from the "other"woman that the half the of the amount of the property will go to her mother and the other half will be split between the eight children. Meanwhile, her mother was not in the will. Also, the executor states that the will was never probated because she had not wanted the property to get taxed.

How can we go about finding out our rights as far as the father's
will and PROPER distribution of the building that still exists, despite the executor's efforts to not share any information?
 
Hillbilly

Hillbilly

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Jan 1, 2002
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Obviously, this is going to be a cat fight

-Is the father Dominican?
-Were they married in the Dominican Republic?
-Were they divorced (frist marriage)? in the Dominican Republic, and , if so, under what sentencing guidelines?


While there might be questions of "Separaci?n de Bienes", what normally takes place is this:

The divorced ex-wife gets nothing. Her children, on the other hand get 1/2 of one-half of the building. The wife at the time of the divorce gets half and her children get the other half of the childrens half. Wife half; all the children split the other half.

In my limited experience, this is not a question of probate, but fact. Dominican law does not put much faith in wills, although there are provisos for them.

Any other hanky-panky stuff will have to be settled in court or through talking it out. Courts will eat up time and money...

The great thing about Dominican inheritance laws is that they are easy to understand: Half to the children and half to the wife.. the State will try and get their cut, but I do no think the laws have been modified yet, so a lot of people manage to tuck away a little..

HB, not a lawyer, but observer of life...
 
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L

LARA7799

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Dec 24, 2003
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Thanks for your response. It was very helpful.

-The father is Dominican, but was living here.
-They were married in the Dominican Republic.
-They were divorced and separated. He had several women after that marriage (including the children from the "other" woman, in which they were never married). However, the children of the ex-wife claim now that they were still legally married, although they were separated. I don't know if they were divorced there or what their sentencing guidelines were either.

But as far as the will - are you saying that it doesn't hold much weight over there? Can the children from that marriage actually override it? Because they've (including the mother) already grabbed other properties that were not in the will. And that was the only one that was left for all eight children. It just doesn't seem fair that that mother would get half, after already getting the other properties, and ignoring the will.
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
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That's thge kids problem. they

should have know what and where all the properties were.

Unless the guy lived is an 'open manner, was monogamous, and the union was public knowledge" Or words to that effect, his relation to the other woman would be considered "marriage" and she would inherit half as his surviving widow.

Otherwise, she would be considered a whore or mistress and would inherit nothing and the kids get it all.

Now if the kids can prove that the marriage was not ended by divorce, then their mom can get half...but
The kids still get half,,,all eight of them split half. It is that simple.
No Dominican can dis-inherit any child or his widow.

Now you see why lawyers are going to lick their chops over this one???

HB
 
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