Legal Question/can anyone give advice?

K

Kenney

Guest
My mother passed and left us some property. My father and (we) children have been receiving the rental money.
Now that we want to sell, the lawyer in charge of the rentals says that my father was not entitled to any of that rent money (18yrs worth )because my parents were not married at the time of the purchase and has to return ALL the money so that it may be put in a trust for my brothers minor son (my brother is deceased).

Does anyone know if there is any truth to this?
 
H

Henry

Guest
This does not seem truth to me, I hope somebody at this board will have more legal expierience. I think the major part is, that you parents where married for more than 5 years - but I am not shure about it!

Henry
 
J

Joey

Guest
what do you mean when you say your mother left you some property--she either had a will or she didn't--if she had one then the provisions of the will govern--if she didn't then,under the laws of most jurisdictions the rules of intestacy govern and,as your parents were not married, the property would pass to the children, to be held in trust until they reach the age of majority,usually 18-21 yrs-this is not to say your father can't make a claim on the basis of quantum merit or possibly on certain rights which common law spouses are entitled to in a lot of jurisdictions--you are going to need a dominican lawyer-the best advice i can give is that under no circumstances should you return the money--this country thrives on corruption and you'd probably be kissing it goodbye
goodluck
 
K

Kenney

Guest
answer to joey

..Joey, there was no will.
..Parents were in commonlaw marriage for 13 yrs (we were born of this relationship within those 13yrs) when mother purchased property solely in her name.
..Parents WERE married shorlty after property was purchased, a few years later mother died.
..We WERE minors at time of her passing.
..Don't plan to give lawyer any money, however this is the 3rd attorney we have retained with no results and have yet to find one.
..It seems that as soon as "they" find out we live abroad their eyes are filled with $$ dollar $$ signs and the price goes up!

Thanks for the info.
 
J

Joey

Guest
Re: answer to kenny

thanks for the additional info---in most common law jurisdictions one determines the law of intestacy as of the date of death-as your parents were legally married on that date then, again in most commmon law countries, your father would inherit as being the closet living next of kin
i hope to have something more definite later today---but I don't believe this can be that complicate an issue--as you've had 3 lawyer's to date, what do they say?
 
K

Kenney

Guest
joey

Lawyers say it is very complicated and expensive since the properties are still in her name.
We went to get the title but the "tribunal de tierras" has given it to the laywer currently managing the property. He says he does not have it and keeps hiding and stalling. He also says we have to pay some ridiculuos amount in taxes.
One attorney kept our "retainer fee", the other changed the price at least 4 times. One other did evict a family in one of the homes ($60,000+ pesos later) and then decided not to continue because of intimidation by my deceased brother's survivors.
Its just a big mess and I'm very dissapointed that so many people have tried to take advantage of us.
If it were not for the memory of my mother I would have let them keep the properties.

Kenney
 
H

Henry

Guest
to Kenney

Where are the properties (what town or community) so we may focus on getting you a lawyer - anyway passing a property from a passed person to a living is very complicated indeed and needs money - and definitly a good representative and time!

Sorry for not having the golden key, but may we can get you a help!

Henry
 
J

Joey

Guest
Kenny

don't have additional info at this time but need to know some facts as things are begining to change
how many properties--1 deed to each property or only 1 deed altogether--are the deed/s missing
what did you mother pay for the property and in what year did she purchase it----in what year did she die---what was the value of the property on her date of death --what is the value today
the questions related to values are important because i understand there is a subatantial death tax on real property
from a realistic point of view you need this info to decide whether or not changing title is practical -- if it isn't practical it might be wise to let sleeping dogs lie and continue to collect rents
there are some very compentent honest lawyers here---also some very incompetent corrupt ones--you may have retained the latter
hope to be in touch
 
F

Fabio J. Guzm?n

Guest
The following rules may apply to your case:

1) Inheritance of real property in the Dominican Republic is governed by Dominican law despite the nationality(ies) of the deceased or putative heirs.

2) Real property acquired by one of the spouses before marriage does not become part of the matrimonial community.

3) Under Dominican law a spouse only inherits his/her deceased spouse in very exceptional circumstances.

Your father, therefore, may have no right to the funds received except as guardian ("tutor")of his children and subject to accounting.

Note that I say "may". From experience, cases are always more complicated than they look. You should never act upon a general opinion based on a few facts presented on a bulletin board without further review by a competent attorney of the documentation and other facts of the case. This is not just a legal disclaimer. It's the truth.
 
K

Kenney

Guest
I appreciate all of the input you have given me on this message board, I really do!
I dont know much about the deeds <except that>, what paperwork we have is in mothers name.
Do not know current price/value.
Original value back in the 70's seemed relatively inexpensive.
The properties are in the capital and Prov Espaillat.

Mr Fabio Guzman.
Would you be so kind to email me so that I may inquire about your services and fees.
Are your fees predetermined and/or in writing?
KenneyLiza@cs.com
 
S

susannah nesmith

Guest
You might also try contacting your embassy here. They may be of no help whatsoever, but they may be able to put you in contact with a reputable lawyer. The professionals, whether they're doctors, lawyers or other, who are on the embassy recommendation lists are often some of the most expensive in the country, but they have a vested interest in maintaining their good reputations with the international community.
 
E

ECH, M.D.

Guest
Ms. Nesmith, you are probably new to this board as I do not recognize your name. The post on Wednesday by one Fabio Guzman was full of concise, cogent information and that is probably because Dr. Guzman is a very well respected legal attorney in the D.R. and full of good advice, for free, I might add on this board. Of course this is no substitute for legal representation but Dr. Guzman directs the people to the proper source they may need and that is half the battle.
And, speaking as a professional, I am not so sure I would trust the Embassy and their recommendation "all the time" simply because I KNOW of situations where the recommendation was not a "good" one. I do not know how they evaluate those that they recommend.
 
H

Henry

Guest
Well, when I asked the people from the consualte, they given me a list of lawyers, but without any guarantee - so the choice is yours and the faith aswell!

Henry
 
C

Carol

Guest
" speaking as a professional"---surely you lie -are you seriously masquerading as a medical doctor down here--why--probably because you couldn't make it back in the good ole usa
 
E

ECH, M.D.

Guest
Re: USED CAR SALESMAN

Oh my god carol.......you are so perceptive.....how did you find me out in such a short time....actually....without even seeing me and all..... PLEASE DON'T TELL. I am really a used car salesman but my mother always wanted me to be a doctor....and where else but the D.R. could I do such a thing. After all, I got my merit badge in First Aid in the Boy Scouts.
 
S

Seeker of truth

Guest
Everyone on this board knows ECH is a respected retired US Surgeon. Everyone on this baord knows you are nothing but a whining wannabe. Have you seen one post is support of anything you have said.

It is a relief now that you cook fries on the 3-11 shift at Mickey D's your posts are not available during the day.

Haven't you noticed not ONE person replies to your posts unless it is to call you what you are; a crying do nothing whiner.

Get a new job (Maybe putting the ketchup on the cheeseburgers) and crawl back into your hole
 
T

Tom

Guest
Perceptive?

Good grief Ernie, don't you think Carol would get to know the salesmen after cleaning those ashtrays for 20 years?
 
C

Carol

Guest
thank you for re-inforcing my position
we all know that a "professionl" carries more credibility than the poor slob that works at mickey d's-
such smugness, such ego's--you guys must meet every night and laugh at the uneducated masses
 
T

Tom

Guest
Whats wrong with McDonalds?

"we all know that a "professionl" carries more credibility than the poor slob that works at mickey d's- "--carol

I've eaten some of my tastiest cholesterol there :)

Gee carol, after you have decided that ALL Canadians dislike U.S. Citizens, now you put down anyone that works at McDonalds (IS that just U.S. McDonalds, or worldwide?). Just who fits into your smug little society?
 
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