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  1. #1
    Kenney
    Guest

    Default Legal Question/can anyone give advice?

    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?

  2. #2
    Henry
    Guest

    Default Re: Legal Question/can anyone give advice?

    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

  3. #3
    Joey
    Guest

    Default Re: Legal Question/can anyone give advice?

    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

  4. #4
    Kenney
    Guest

    Default 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.

  5. #5
    Joey
    Guest

    Default 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?

  6. #6
    Kenney
    Guest

    Default 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

  7. #7
    Henry
    Guest

    Default 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

  8. #8
    Joey
    Guest

    Default 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

  9. #9
    Fabio J. Guzmán
    Guest

    Default Re: Legal Question/can anyone give advice?

    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.

  10. #10
    Kenney
    Guest

    Default Legal Question/can anyone give advice?

    I appreciate all of the input you have given me on this message board, I really do!
    I dont know much about the deeds , 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?
    [email protected]

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