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  1. #1
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    Default Determination of Heirs....

    If an individual fails to have a will-last testament upon their death in the DR, then how do these legal offices in the DR complete the determination of heirs? It seems rather suspect in that one or more inheritors could claim they are the sole beneficiary. Only a proper will-last testament could determine that. Mr. Guzman, do you have an opinion about this? Thank you.

  2. #2
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    In the DR there are seldom sole beneficiaries. The widow (or surviving partner) get 50% of their community property as defined by law. And the children get the rest.

    there are some variations but very few.

    HB

  3. #3
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    I also think it is any children, meaning not just those with the current spouse.

  4. #4
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    If an individual fails to have a will-last testament upon their death in the DR, then how do these legal offices in the DR complete the determination of heirs?

    Based on an "acta de notoriedad" whereby 7 persons go to the Justice of the Peace and declare that they have known the deceased and know who his/her children are, etc. Of course, the children will have to provide their birth certificates.

    The method is certainly outdated: a vestige from the time when every Dominican lived in small towns or in the country.
    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.

  5. #5
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    Could not agree more, Mr. Guzman. This method is certainly outdated. Whether the law in DR allows for this method to determine heirs should be of no interest to potential buyers of property. Buyers should request that the property title first be placed in the name of the prospective inheritor(s) before making their purchase. To not do so could result in a bureaucratic quagmire and major legal expense.

  6. #6
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    Quote Originally Posted by AndyGriffith View Post
    Buyers should request that the property title first be placed in the name of the prospective inheritor(s) before making their purchase. To not do so could result in a bureaucratic quagmire and major legal expense.
    This too could cause major problems, families fall out, people re-marry etc!

  7. #7
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    Well better the prospective heirs get caught up in the bureaucratic quagmire/legal expense nightmare vs. them passing the problem on to you with all its subsequent risks.

  8. #8
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    Stewart Title offers title guarantee insurance in the DR. Isn't that an easier way through this mess? Estranged heirs could always re-emerge in the future, i.e. children of the children of the seller. Anyone have any experience with getting a title guarantee?

  9. #9
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    a real guaranteed title is the Title which is in Your Name.
    I would not buy anything from anybody who does not have His name(seller) on the Title of the property he wanna sell me.
    if the ownership of a property is a family/crod of people who wanna sell that property they should first bring the paper that states that the Title of that specific property is hold and owned by those persons(with names and cedula numbers etc etc), yes, that's some heckmeck for sellers and it costs them some money, but They want to sell something, so They should bring the Title/papers in a clear orden frist.
    Mike
    Mike

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