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Thread: Inheritance laws & new marriage

  1. #1
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    Default Inheritance laws & new marriage

    My mom passed away 6 months ago & I just got the news that my 80 year old dad plans on remarrying a woman half his age!!!!

    My parents had their home for 30 years, I believe it's in both their names. My dad has not notified the tax authorities of her death yet so nothing has been resolved with inheritance. We were okay with leaving it that way until we found out there is someone else who wants the house & is telling him they must marry or there can't be anything between them.

    If he marries does she have a claim to the house now or even after he dies? She has 2 children under 18.

    I've read recently that you have 3 months to declare the death of a spouse & maybe a 3.5 month extension in some circumstances & if not there will be a 2% penalty p/month imposed.

    My dad thinks that since the house is in his & my moms name it is safe from his 2nd marriage & will pass on to us upon his death. Is he right?

    His plan was to let it be so that we could take on the burden at his death!!!!

    HELP!!

  2. #2
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    Firstly, my sympathy on the loss of your mum!
    I believe that under DR law your mother's estate is divided 50% to your dad and 50% amoung the children. If the house was held in a corporation however, it's a different matter. Under DR law there is an absolute right to inherritance so you cannot simply be overlooked. If your dad does re-marry then his new wife would have a legal claim upon his death, or divorce, again to 50%
    Now, I'm no lawyer so the actual advice I would offer is contact a reputable lawyer to sort things out for you!

  3. #3
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    Default inheritance

    That's what we are afraid of...Her having a legal claim after his death or thru divorce...

    Maybe Mr Guzman can advise me further here...

    Myself & my siblings are all in the US. My dad is really hardheaded & only wants to do things his way. His sure he'll last another 20 years & who knows, he might!!!

  4. #4
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    Quote Originally Posted by Black Dog View Post
    Firstly, my sympathy on the loss of your mum!
    I believe that under DR law your mother's estate is divided 50% to your dad and 50% amoung the children. If the house was held in a corporation however, it's a different matter. Under DR law there is an absolute right to inherritance so you cannot simply be overlooked. If your dad does re-marry then his new wife would have a legal claim upon his death, or divorce, again to 50%Now, I'm no lawyer so the actual advice I would offer is contact a reputable lawyer to sort things out for you!
    50% not of the whole property only of dad's part

  5. #5
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    Correct 50% od Dad's estate or wealth at the time of death or divorce!

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    I hope Mr. Guzman chimes in here. I thought that she was only entitled to 50% of what was aquired after they were married.

  7. #7
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    jruane44 is correct. The new wife will have no rights over real estate owned by your father before their marriage.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    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. #8
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    Default inheritance

    Thanks all for the info.....I read that deaths have to be declared by 90 days & in certain circumstances you get an additional 3 1/2months, if not you will be charged a penalty to the inheritance tax of 2% every month....

    My dad is not planning on declaring my moms death, I guess he figures we can deal with that after his death...Is this right...Should we make him do it or leave things alone...

    Will the penalty be indefinite?? Or is there a threshold & will we also have inheritance tax to pay on his part upon his death as well??

  9. #9
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    your father is not an heir he is half owner of the property you are the heirs, he does not pay any taxes but you will pay 50% of the property value your mother's half of the property is yours, when your father dies his half will be split evenly between all heirs which includes the new wife

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    Quote Originally Posted by Elelyon1957 View Post
    your father is not an heir he is half owner of the property you are the heirs, he does not pay any taxes but you will pay 50% of the property value your mother's half of the property is yours, when your father dies his half will be split evenly between all heirs which includes the new wife
    The new wife gets nothing from the home that was owned prior to marrage.

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