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Thread: Will

  1. #1
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    2 questions.

    First. What is the dr law regarding succession in a married couple ?
    One being dominican, the other a legal resident.
    Would anything change if the legal resident was not legal ( lol )? Even though the marriage was celebrated by dr goverment.

    Second. Can a will trump everything else ? Established by a notario.

    I posted in legal but i am open to opinions, experiences, etc........

  2. #2
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    A couple of add-ons.

    We have no children.

    I am mainly intrested in the house, cars/motorbikes, land, etc........ ( as most of our -petty, dont go getting ideas - assets are in europe ( and thats covered by laws that I understand ).

    My wife seems to think I need extra "protection" if she happens to pa.ss away ( God forbid ), and since we are going to our local avogado notario ( well notoria ) next week, she seems to think her getting a will done, is the safe way to go.

  3. #3
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    in my opinion ...everybody should have a will ...solves a lot of problems for everybody down the road

  4. #4
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    Spouses are not regular heirs to each other under Dominican law. If a spouse dies, 100% of the assets go to the children. If there are no children, 100% of the assets go the siblings and the parents. If there are no siblings or parents alive, 100% of the assets go to other relatives. Only in case there are no relatives up to the 12th degree will the wife become an heir.

    Things are not as bad as they seem, however.

    First, it is possible to leave assets to your spouse by writing a will, although there are restrictions on what you can give him/her (only 25% of your assets if you have three or more children, no more than 33% if you have two children, no more than 50% if you have a child).

    Second, 99% of Dominican marriages are governed by community-property law. When a spouse dies, the surviving spouse is considered the owner of 50% of matrimonial assets. This 50% is not considered to be a part of the estate and therefore no estate taxes apply. The remaining 50% goes to the heirs.
    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. Likes cavok liked this post
  6. #5
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    Spouses are not regular heirs to each other under Dominican law. If a spouse dies, 100% of the assets go to the children. If there are no children, 100% of the assets go the siblings and the parents. If there are no siblings or parents alive, 100% of the assets go to other relatives. Only in case there are no relatives up to the 12th degree will the wife become an heir.

    Things are not as bad as they seem, however.

    First, it is possible to leave assets to your spouse by writing a will, although there are restrictions on what you can give him/her (only 25% of your assets if you have three or more children, no more than 33% if you have two children, no more than 50% if you have a child).

    Second, 99% of Dominican marriages are governed by community-property law. When a spouse dies, the surviving spouse is considered the owner of 50% of matrimonial assets. This 50% is not considered to be a part of the estate and therefore no estate taxes apply. The remaining 50% goes to the heirs.
    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.

  7. Likes malko liked this post
  8. #6
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    If both spouses are foreigners and have a will from their home country, am I correct to say their will prevails over dominican estate law ?

  9. #7
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    I don't know if it exists in Switzarland, but, in the US, the designated beneficiary to any type of financial account supercedes anything in a will and does not have to go through probate.

  10. #8
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    Quote Originally Posted by cavok View Post
    I don't know if it exists in Switzarland, but, in the US, the designated beneficiary to any type of financial account supercedes anything in a will and does not have to go through probate.
    Yeah, for sure, common bank accounts and/or multiple titulaires solves that side of the problem.

    I am just hopping to make sure that a will trumps everything else.
    Into very recently ( like 10 or 15 years ) a will in France didnt stop the eldest son of getting 51 % of everything if 1 of 2 parents died ( or both ). And you couldnt bar him from the heritage ( old napoleonic law/codes ).

    I wouldnt want 50% of our house/land to go to wife's siblings and/or parents, if she ever happened to pass away prematurely........ so want to make sure before planning anything ( only kidding ).
    As I understand from Senor Guzman's post, if we dont do a will, that is what will happen.

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