Who inherits in the event of death of a spouse?

[Fabio J. Guzman]

This is the continuation to the thread below on separation of assets.

Spouses are not regular heirs to each other under Dominican law. If a spouse dies, 100% of the assets go to the children. If there are no children, 100% of the assets go the siblings and the parents. If there are no siblings or parents alive, 100% of the assets go to other relatives. Only in case there are no relatives up to the 12th degree will the wife become an heir.

It?s all a question of blood. It reminds me of an inveterate bachelor in my hometown of San Francisco de Macoris who when asked why he didn?t get married always answered with this question: Why should I support somebody that?s not even related to me?

Things are not as bad as they seem, however. First, it is possible to leave assets to your spouse by writing a will, although there are restrictions on what you can give him/her (only 25% of your assets if you have three or more children, no more than 33% if you have two children, no more than 50% if you have a child). Second, 99% of Dominican marriages are governed by community-property law. When a spouse dies, the surviving spouse is considered the owner of 50% of matrimonial assets. This 50% is not considered to be a part of the estate and therefore no estate taxes apply. The remaining 50% is split in equal parts among the children.

 

[Dominican Babe]

This is interesting reading. You mention the restrictions on what you can leave your spouse in your will if you have one or more children, what if there are no children? You also mention "Dominincan marriages", what do you mean by this term? Is it one Dominican to another, or does the same apply to a foreigner marrying a Dominican?
Edited by me to say: sorry, I just jumped in, I've now read the other post.

 

[Fabio J. Guzman]

As far as the assets belonging to the father, it is clear that, absent a will, it will be divided equally among his six children. However, the father could, through a will, benefit a third party or one or several of his children with up to 25% of the estate.

Regarding his long-term companion or "concubine,” court precedent has evolved over the years. Some time ago I predicted on this site that "the courts will expand the legal obligations of couples living in concubinato (the Spanish word has no illicit connotations: it is defined as a marital relationship between a man and a woman without being married) in the near future". And it has come to pass in a Supreme Court decision dated Dec. 14, 2011, which states that a "concubine", just by doing housework, forms a “de facto partnership” (sociedad de hecho) with her companion, that is subject to “liquidation” upon his death.

It should be pointed out, however, that previous decisions of the Supreme Court have established very restrictive conditions on the rights of concubines: (a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; (b) the relationship must be stable and long-lasting; (c) the relationship must be monogamous and non-adulterous from its origins; and (d) the couple should be of different sexes.

 

[malko]

Is the post from 2003 still valid??

If married and one spouse dies, if there is no children, does the other spouse inherit everything ??

Thanks in advance.

 

[Criss Colon]

"The relationship must be monogamous and non-adulterous from it's origin"???????????????
Why am I laughing????
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[bronzeallspice]

My goodness! It took Guzman more than 10 years to reply???

 

[Criss Colon]

I thought you knew,...Lawyers charge by the HOUR!!!!!!!!!!!

SORRY Don Fabio.
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[Hillbilly]

I remember very well this original post and have advised several friends regarding their "relationships" according to this opinion. One ignored it and got screwed to the wall, and a couple checked it out and were able to end unsatisfactory relationships with not damage.

Go Fabio!!

HB

 

[Criss Colon]

Why does, "Train Wreck" come into my mind?????
CC
The more decades I live in the DR, and read "HB's posts, the more I realize, not only is he RIGHT about Everything "Dominican", he has ALWAYS been Right!
If only we had listened!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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[Fabio J. Guzman]

I replied to the wrong post.

The post from 2003 is till valid, However, this does not mean that "if married and one spouse dies, if there is no children, does the other spouse inherit everything":

"If there are no children, 100% of the assets go to the siblings and the parents. If there are no siblings or parents alive, 100% of the assets go to other relatives. Only in case there are no relatives up to the 12th degree will the wife become an heir".

 

[malko]

Wow!! So if my wife passes away ( god forbid ). Since she had house, land and car before we were married in the dr, than everything goes to her parents and brothers and sisters????
What can one do ( and where ) to change that??? (Will/testament).

Thanks.

 

[Fabio J. Guzman]

Yes, you will have to make a will or choose a corporate structure that will allow your wife to take over in case of your death. The latter is preferable but more expensive.

What is not recommendable is to put everything in your personal name because corporate maintenance, etc. is too expensive, then neglect to make a wll and leave a mess to your spouse.

Because of forced heirship rules (children must inherit 50 to 75% of the estate) making a will is not an option if you have children and want to leave everything to your wife.

 

[caribmike]

We are 3, my wife, me (extranjero) and our son.

If my wife passes away, what belongs to her would go to our son*, correct? NOT to her siblings or parents, right?

*which is what we would want of course...

 

[Empiric]

Dr. Guzman,

correct me if i am wrong, but in DR anyone can donate property to anyone, that takes care of future paper work or

anyone can sell CASH ALL his property, while alive of course

in all case trust between them have to be a good one, as selling or donating is irreversible, so to speak, the new owner is in control

 

[Empiric]

LOL, let me try to write Inheritance 101, subject to confirmation by Dr. Guzman, with due respect.

Marriage is a contract, anything build up after the signature belongs to both, unless capitulation was done.

Anything the parties owned BEFORE does not count, only the added value after signing.

Anything any of the parties gets via inheritance is not part of the 'contract'.

Assigment for the board, can a donor donate [lol] to a just one of the married parties?

if so, what will happen to donations one party receive while married, will it become part of the 'contract' anyway?.

 

[dv8]

We are 3, my wife, me (extranjero) and our son.
If my wife passes away, what belongs to her would go to our son*, correct? NOT to her siblings or parents, right?
*which is what we would want of course...

i believe half goes to kid and half to you.