inheritance law

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saltydog

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Aug 7, 2007
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My father is part owner of a large tract of land in the Dominican Republic. He divorced my mother some years ago and married a Dominican. She recently divorced him and now the land is under contract for sale. He lives in the U.S.
Dispite being divorced from the Dominican woman she has turned him against his family in the U.S. and willed everything to her. What are his childrens rights in this matter if the land is sold and the funds are brought into the U.S.
 
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Fabio J. Guzman

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Jan 1, 2002
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Your father cannot legally will everything to her if he has children. Dominican law prohibits a person from writing a will giving more than a certain percentage to others. For example, a person with three or more children can only dispose by will of 25% of his/her assets. The remaining 75% is RESERVED BY LAW for his/her three children. "Forced heirship" rules such as this one are the norm in all Latin countries.
 
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planner

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Sep 23, 2002
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Question: but if the land is sold and the money removed from the country to the US, it is then covered under US inheritance laws - is it not?
 
Hillbilly

Hillbilly

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Jan 1, 2002
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It would be a bloody mess, that is for sure.

You had best keep a sharp eye on the land and its possible sale. If your father is alive, there is not much you can do, really, except try to make up to him. I think he can bring that money into the US and then dispose of it according to US law, and that means you kids are screwed if he does not like you.

HB
 
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Fabio J. Guzman

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He certainly can sell it provided it is a bona fide sale and not a donation. He can only donate the amount that he can freely dispose of by will, that is, 25%if there are three or more children.

If the land is sold and the money is taken to the US, Dominican law is no longer applicable to the disposition of the funds.
 
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Nyeden

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Sep 2, 2005
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Fabio J. Guzman said:
Your father cannot legally will everything to her if he has children. Dominican law prohibits a person from writing a will giving more than a certain percentage to others. For example, a person with three or more children can only dispose by will of 25% of his/her assets. The remaining 75% is RESERVED BY LAW for his/her three children. "Forced heirship" rules such as this one are the norm in all Latin countries.
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Just out of curiosity, Do this apply if his children are out of wedlock, "illegitimate" children?
 
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