trying to reclaim property!

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ripdeath

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Jan 24, 2014
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hey guys heres my story

in 1984 when i was born my father built a house pretty big house in santiago for me and my mom. he died that same year and his father and my mother fought over the house in court my mom won, everyone from when i was little would tell me you got a house your father left for when u grow up. now my mom met some asshole about 10 years after my father died. he was on the run from the cops for drugs so he left to dr and my mother followed. the guy mind ****ed my mother made her sell the house.( i remember like it was yesterday i was 12 and this guy is counting millions of pesos of my fathers hard earned work) they blew it all aside from a nice apartment my mother bought in santiago.

now do i have any rights to claim anything? at least the apartment? i was my fathers only son. or did my fathers had work end up in vain?
 
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LTSteve

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Jul 9, 2010
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ripdeath said:
hey guys heres my story

in 1984 when i was born my father built a house pretty big house in santiago for me and my mom. he died that same year and his father and my mother fought over the house in court my mom won, everyone from when i was little would tell me you got a house your father left for when u grow up. now my mom met some asshole about 10 years after my father died. he was on the run from the cops for drugs so he left to dr and my mother followed. the guy mind ****ed my mother made her sell the house.( i remember like it was yesterday i was 12 and this guy is counting millions of pesos of my fathers hard earned work) they blew it all aside from a nice apartment my mother bought in santiago.

now do i have any rights to claim anything? at least the apartment? i was my fathers only son. or did my fathers had work end up in vain?
Click to expand...

I would say that your mother is entitled to inherit from your father, being that she is the spouse. I doubt you are entitled to anything unless it was specified in a will when your father passed. I would say you are out of luck.

LTSteve
 
bronzeallspice

bronzeallspice

Live everyday like it's your last
Mar 26, 2012
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I don't see how you would be entitled to anything now. Your mother can do as she pleases as long
as she's alive. Now when she passes away you will be entitled.
 
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ctrob

Silver
Nov 9, 2006
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As to the money from the original home, that's history. You were a minor, she inherited the house.

And she could have legally spent it on anything once she had it. Understood you don't like the new guy, but don't you want your mom to have a home to live in? That was your Dads intent, and she still has a roof over her head.

I would make amends with your Mom, and put the other stuff behind you. Some battles just aren't worth the stress.
 
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donluis99

Bronze
Jul 12, 2004
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your all wrong

When the OP's father died, the property was inherted 50% by the spouse and 50% by the children.

Now the child being a minor at the time, the spouse had the responsability to care for the childs portion of the inheratence,
which apparently she abused, I would say the OP has claim to the apartment, if not part all, but much would have to be proved that the mother did not act in the childs best interest at the time, which would be dificult to prove.

Maybe Mr. Guzman may chim in and offer his proffessional opinion, I have not seen this exact type of case presented here so far before.

g'luck
 
bronzeallspice

bronzeallspice

Live everyday like it's your last
Mar 26, 2012
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And that is going to be hard to prove and will take a good lawyer and money(of course).

The apartment that she purchased(assuming that it's ONLY in her name will have to be
proven that she used the inheritance money(his share).
 
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Mauricio

Gold
Nov 18, 2002
5,607
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Derfish said:
Since it is in the DR Guzman has assured us previously that the wife does not inherit
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The wife does no inherit since (if married by common law) she already owns 50% of everything. The other half is what is inherited by the children, they pay inheritance tax over it.
 
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charlise

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Nov 1, 2012
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In his post the OP stated that the mother sold the house... So what's left for him ? Nothing...
 
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Mauricio

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Nov 18, 2002
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I suppose it should be determined what the value if the house was when the father died+ any other possessions, half of that belongs to the children.
 
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rice&beans

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May 16, 2010
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I don't know how anyone who's not a Dominican lawyer can comment on this thread..........

Isn't the Internet GREAT!!!
 
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Mauricio

Gold
Nov 18, 2002
5,607
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rice&beans said:
Semantics,

You walked right into my trap, nice try though.....


Boy, I'm good!!!


Have a great day!! Wannabe Counselor......
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Some like commenting or want to be counselors, others spend their time building 'traps'(?) on an Internet forum. To each his own I guess?
 
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mountainannie

Platinum
Dec 11, 2003
16,350
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elizabetheames.blogspot.com
ripdeath said:
hey guys heres my story

in 1984 when i was born my father built a house pretty big house in santiago for me and my mom. he died that same year and his father and my mother fought over the house in court my mom won, everyone from when i was little would tell me you got a house your father left for when u grow up. now my mom met some asshole about 10 years after my father died. he was on the run from the cops for drugs so he left to dr and my mother followed. the guy mind ****ed my mother made her sell the house.( i remember like it was yesterday i was 12 and this guy is counting millions of pesos of my fathers hard earned work) they blew it all aside from a nice apartment my mother bought in santiago.

now do i have any rights to claim anything? at least the apartment? i was my fathers only son. or did my fathers had work end up in vain?
Click to expand...


wpw. very dramatic. Seems that your mother did not have the right to even sell the house. So you might put a claim on that as well. oops... guess they do not have title insurance here. but yeah, it would seem that you have a claim. but sadly this is going to take money for a lawyer ..

unless, of course, you can make it up with your mom? Who probably has come to her senses? and realized, like most women, that she loves her son more than any other man?

try that tactic before you get even more antagonistic.... is your mom still in the DR?
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
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Not because of his name, but I agree with "donluis99" on this one.

This is a case of "lawyering up" clear and simple. yOU were supposed to get 1/2 the proceeds of the sale of the house. If you mom had been smart, it would have been put in escrow..
 
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Criss Colon

Platinum
Jan 2, 2002
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yahoomail.com
"I'm Not a Lawyer, but I Play one On "DR1'!!!!!!!!!!!!!!
Here is the best advice you will EVER get!
"Move ON"!!!!!!!!!!!!!!!!!!!
I don't care if the house was a "Mansion", what you would have to invest in, time, money, and sanity, to have an outcome that NO ONE can remotely predict is a "Fool's Errand"!
ONLY the DR lawyers would benefit from your case, not you!
You got along without it up until now, don't look for problems!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
Besides, it sounds like you are looking for "Revenge" against your mother, more than the "House"!
 
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LTSteve

Gold
Jul 9, 2010
5,449
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Again, if nothing was left to you legally in a will than you are not entitled to anything. Traditionally property is inherited by a surviving spouse. You are on the short end of the stick. Sorry but paying an attorney will be your solution to nothing.

LTSteve
 
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