determination of heirs

O

omi122

New member
Dec 21, 2011
3
0
0
my mother moved to Florida about a 5 years ago with me, my sister and brother. she was married and owned a house that she bought after the marriage i believe. unfortunately my sister passed away shortly after giving birth to my nephew and my mother divorced my father in 2009. problem is that my father placed her name in a lot of dept paper in order to buy a house right before the marker crash but he didn't put her name on the title. also although they divorced and agree that the land in dr would stay to his name but the house would stay to my mother name ( house is not on the land). he never dis the paper work so in the title he is still present. my mother passed about a year ago and had several relatives in the dr.

my question is what do i need to do to transfer the title, who would inherit, how much would the hole processes cost, and how do i get it started?
i believe that she had a will but i am not sure and i am also not sure that it will include my sister
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
18,948
514
113
This is a Gordian Knot of convoluted relationships.
I will guess that in the first place you need to divorce what is in the US and what is in the DR. The DR laws place property of the deceased 1/2 to the surviving partner and 1/2 to the children to be divided evenly.

As for title transfers etc...that is why lawyers drive Beemers and I drive a VW....

HB
 
K

KenoshaChris

New member
Jan 4, 2002
526
6
0
First of all, where is the property? If its in the USA the fact that your mother's name is not on title is irrelevant. She is on the mortgage and she is secondarily liable. If indeed they are divorced, the fact that she is probably on the mortgage keeps her on the hook, notwithstanding any hold harmless and indemnify verbage as the lender is not a party to the divorce proceedings. The remainder of the first paragraph of your inquiry is wholly and totally unclear.

You must have somebody FLUENT in English re-write the first paragraph of your inquiry. Then perhaps I can turn you in the right direction. Your question in paragraph 2 is clear. I have nearly 30 years of experience in doing this.

And To HB, that's why I drive a Benz. God bless. Hope you remember me. Best wishes for the New Year.
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
18,948
514
113
I do, Chris, I do!! It has been a long time!! Best of the Holiday/Christmas/New Years to you and the family.

HB
 
K

KenoshaChris

New member
Jan 4, 2002
526
6
0
Ken said:
Hey Chris, I also remember you. Been a long time. Have you been lurking all these years?

Ken
Click to expand...

Hahahaha thanks guys. Three surgeries in 3 years and then a broken leg inhibited travel. All is well now. Hope to make it down there sometime this winter.
 
O

omi122

New member
Dec 21, 2011
3
0
0
the property i am concerned is in the dr. there is a lawyer in the us already handling the case

my mother moved to Florida about a 5 years ago with me, my sister and brother. she was married and owned a house that she bought after the marriage. unfortunately my sister passed away shortly after giving birth to my nephew and my mother divorced my father in 2009. my father owns another house but that is to his name and was agreed that he would stay with it. so now there in only my brother, my nephew,my father, me and my aunt and uncles. although they divorced and agree that the land in dr would stay to his name but the house would stay to my mothers name ( house is not on the land). they never did the paper work so in the title he is still present for the house in the dr. i so far have not started any legal proceedings because i don't even know how to contact a lawyer for the Dominican republic.

so far i believe there should be a will with my sisters name and my fathers name that my mother must have made. so my questions is or at least should have been what should i do now? and how can i check if my mom had a will? and if she didn't what will happen to the house?
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
18,948
514
113
In Dominican inheritance, with just a couple of small exceptions, when a parent dies, half goes to the surviving parent. If there is no surviving parent, than it all goes to the children, evenly.

Unless Mr. Guzman says differently, of course.

However, I would get a lawyer to straighten out the title. It will cost you a couple of thousand US$ probably...but you will have a clear title to the land.

HB
 
You must log in or register to reply here.
Top Bottom