Page 1 of 2 12 LastLast
Results 1 to 10 of 14
  1. #1
    Newbie
    Join Date
    Apr 2019
    Posts
    3
    Post Thanks / Like

    Default Real Estate Legal Inheritance Question

    Hi,

    I'm pretty sure I would have to consult with an attorney for this issue, but it doesn't hurt to ask and hear people opinion on this metter.

    My father's dad was a retired american that bought land in DR. He passed away when my dad was only 2yo. My father's dad only had two childrens in DR (my dad and uncle) and he had other children in the US but my dad and uncle never stayed in touch with them. My dad's brother was already in his 20s when my dad was born so he was like a father to him.

    My father's dad owned a piece of land that is valued now around $5,000,000.00 USD. After my father's dad passed away in the early 60s in DR one of his daughter from the US came and she got the land under her name, She didn't want the land so she gave it to my uncle and put it under his name. I don't think she did it intentionally on what would happen after, but I'm guessing she just thought that my uncle is the older brother he would take care of the younger one.

    Fast foward a couple of years later with my dad being in his mids 30s and his brother that now owns the land in his 60s. Around this time is that my dad learns that that piece of land was owned by his father, and his starts saying that the land should been divided 50/50, but he saying that he got screwed because at the time he was a child.

    Ten years after and my dad now is 55 and his brother is around 80, and they really havent been in good terms since then.

    the land before was worthless now people want to develope it and it's part of the main city.

    My dad's main argument (which I don't know if it has weight) is that in DR you can not give property amongs the siblings if 1 sibling is left out without a will.

    My questions is:

    1) Would my dad have a good case if he takes it to court?

    2) Can people exchange property legally among siblings if it effects another sibling?

    3) Can an old tranaction of real estate in the 60s if done improperly still be corrected in court?



    My father is not legally sabby so he's not too sure if he has a case and he never really cared about the land because my uncle was never really going to sell it. But now he's concern that if my uncle those pass away all his childrens around 15 (some from different women) will divided the property leaving me his only son without a share.

    Generally I wouldn't care, but were talking about 5Mil USD here.

  2. #2
    Regular
    Join Date
    Oct 2017
    Posts
    411
    Post Thanks / Like

    Default

    I suggest getting to a lawyer's office first thing Monday morning. This is not an over-the-Internet question that can be resolved here.

  3. #3
    Bronze
    Join Date
    Dec 2008
    Posts
    1,056
    Post Thanks / Like

    Default

    Quote Originally Posted by chaze305 View Post
    Hi,

    I'm pretty sure I would have to consult with an attorney for this issue, but it doesn't hurt to ask and hear people opinion on this metter.

    My father's dad was a retired american that bought land in DR. He passed away when my dad was only 2yo. My father's dad only had two childrens in DR (my dad and uncle) and he had other children in the US but my dad and uncle never stayed in touch with them. My dad's brother was already in his 20s when my dad was born so he was like a father to him.

    My father's dad owned a piece of land that is valued now around $5,000,000.00 USD. After my father's dad passed away in the early 60s in DR one of his daughter from the US came and she got the land under her name, She didn't want the land so she gave it to my uncle and put it under his name. I don't think she did it intentionally on what would happen after, but I'm guessing she just thought that my uncle is the older brother he would take care of the younger one.

    Fast foward a couple of years later with my dad being in his mids 30s and his brother that now owns the land in his 60s. Around this time is that my dad learns that that piece of land was owned by his father, and his starts saying that the land should been divided 50/50, but he saying that he got screwed because at the time he was a child.

    Ten years after and my dad now is 55 and his brother is around 80, and they really havent been in good terms since then.

    the land before was worthless now people want to develope it and it's part of the main city.

    My dad's main argument (which I don't know if it has weight) is that in DR you can not give property amongs the siblings if 1 sibling is left out without a will.

    My questions is:

    1) Would my dad have a good case if he takes it to court?

    2) Can people exchange property legally among siblings if it effects another sibling?

    3) Can an old tranaction of real estate in the 60s if done improperly still be corrected in court?



    My father is not legally sabby so he's not too sure if he has a case and he never really cared about the land because my uncle was never really going to sell it. But now he's concern that if my uncle those pass away all his childrens around 15 (some from different women) will divided the property leaving me his only son without a share.

    Generally I wouldn't care, but were talking about 5Mil USD here.
    I gather from reading your post that your Grandfather, on your Dad's side, did not have a spouse at the time he became deceased. If he had a spouse, then she would be entitled to 50% of the property under community property rules. Thereafter, 50% would go to all children split equally-whether Dominican or American. If he had no spouse, then it would go down the line of the forced inheritance laws under the Dominican Republic-1. Children, 2. Parents, 3. Siblings...etc.etc....

  4. #4
    Gold
    Join Date
    Jul 2010
    Posts
    5,315
    Post Thanks / Like

    Default

    Quote Originally Posted by chaze305 View Post
    Hi,

    I'm pretty sure I would have to consult with an attorney for this issue, but it doesn't hurt to ask and hear people opinion on this metter.

    My father's dad was a retired american that bought land in DR. He passed away when my dad was only 2yo. My father's dad only had two childrens in DR (my dad and uncle) and he had other children in the US but my dad and uncle never stayed in touch with them. My dad's brother was already in his 20s when my dad was born so he was like a father to him.

    My father's dad owned a piece of land that is valued now around $5,000,000.00 USD. After my father's dad passed away in the early 60s in DR one of his daughter from the US came and she got the land under her name, She didn't want the land so she gave it to my uncle and put it under his name. I don't think she did it intentionally on what would happen after, but I'm guessing she just thought that my uncle is the older brother he would take care of the younger one.

    Fast foward a couple of years later with my dad being in his mids 30s and his brother that now owns the land in his 60s. Around this time is that my dad learns that that piece of land was owned by his father, and his starts saying that the land should been divided 50/50, but he saying that he got screwed because at the time he was a child.

    Ten years after and my dad now is 55 and his brother is around 80, and they really havent been in good terms since then.

    the land before was worthless now people want to develope it and it's part of the main city.

    My dad's main argument (which I don't know if it has weight) is that in DR you can not give property amongs the siblings if 1 sibling is left out without a will.

    My questions is:

    1) Would my dad have a good case if he takes it to court?

    2) Can people exchange property legally among siblings if it effects another sibling?

    3) Can an old tranaction of real estate in the 60s if done improperly still be corrected in court?



    My father is not legally sabby so he's not too sure if he has a case and he never really cared about the land because my uncle was never really going to sell it. But now he's concern that if my uncle those pass away all his childrens around 15 (some from different women) will divided the property leaving me his only son without a share.

    Generally I wouldn't care, but were talking about 5Mil USD here.
    Do you live in the DR? You need to sit down with a reputable lawyer in the DR and have him look at your timeline and see what he thinks. The one thing I would say is that if the older brother has a valid title that could be a major hurtle to your father getting part ownership of the property.

  5. #5
    Gold
    Join Date
    Jan 2016
    Posts
    1,792
    Post Thanks / Like

    Default

    Go with a competent attorney and let us know what happens please.

  6. #6
    Newbie
    Join Date
    Apr 2019
    Posts
    3
    Post Thanks / Like

    Default

    I'm going to fly out to DR in 3 weeks to talk to a couple of lawyers, I know this is going to be a long term process of tracking down information that goes back many years

  7. #7
    Gold
    Join Date
    Jul 2010
    Posts
    5,315
    Post Thanks / Like

    Default

    Quote Originally Posted by chaze305 View Post
    I'm going to fly out to DR in 3 weeks to talk to a couple of lawyers, I know this is going to be a long term process of tracking down information that goes back many years
    That's a good start. Please make sure you have thoroughly vetted the attorney you plan on hiring. A lot can happen in a foreign country when you don't have boots on the ground and you're counting on your legal representative to do the right thing on your behalf. You will have to put a lot of trust in this person. When a considerable sum is involved I would question every step of the process and make sure your attorney is giving you regular feedback as the process evolves. Some attorneys, especially in the DR will do what is best for them and not always what is best for the client. Buyer beware.

  8. #8
    Bronze
    Join Date
    Dec 2008
    Posts
    1,056
    Post Thanks / Like

    Default

    Quote Originally Posted by LTSteve View Post
    That's a good start. Please make sure you have thoroughly vetted the attorney you plan on hiring. A lot can happen in a foreign country when you don't have boots on the ground and you're counting on your legal representative to do the right thing on your behalf. You will have to put a lot of trust in this person. When a considerable sum is involved I would question every step of the process and make sure your attorney is giving you regular feedback as the process evolves. Some attorneys, especially in the DR will do what is best for them and not always what is best for the client. Buyer beware.
    Your putting your life in the hands of others, when you take on an attorney in DR.

    It's very easy to be framed in the legal process here without even really understanding what is going on....especially in consideration to the different collusion between attorneys and the conduct of the courts themselves is a problem as well.

  9. #9
    Regular
    Join Date
    Dec 2014
    Posts
    111
    Post Thanks / Like

    Default

    Quote Originally Posted by chaze305 View Post
    Hi,

    I'm pretty sure I would have to consult with an attorney for this issue, but it doesn't hurt to ask and hear people opinion on this metter.

    My father's dad was a retired american that bought land in DR. He passed away when my dad was only 2yo. My father's dad only had two childrens in DR (my dad and uncle) and he had other children in the US but my dad and uncle never stayed in touch with them. My dad's brother was already in his 20s when my dad was born so he was like a father to him.

    My father's dad owned a piece of land that is valued now around $5,000,000.00 USD. After my father's dad passed away in the early 60s in DR one of his daughter from the US came and she got the land under her name, She didn't want the land so she gave it to my uncle and put it under his name. I don't think she did it intentionally on what would happen after, but I'm guessing she just thought that my uncle is the older brother he would take care of the younger one.

    Fast foward a couple of years later with my dad being in his mids 30s and his brother that now owns the land in his 60s. Around this time is that my dad learns that that piece of land was owned by his father, and his starts saying that the land should been divided 50/50, but he saying that he got screwed because at the time he was a child.

    Ten years after and my dad now is 55 and his brother is around 80, and they really havent been in good terms since then.

    the land before was worthless now people want to develope it and it's part of the main city.

    My dad's main argument (which I don't know if it has weight) is that in DR you can not give property amongs the siblings if 1 sibling is left out without a will.

    My questions is:

    1) Would my dad have a good case if he takes it to court?

    2) Can people exchange property legally among siblings if it effects another sibling?

    3) Can an old tranaction of real estate in the 60s if done improperly still be corrected in court?



    My father is not legally sabby so he's not too sure if he has a case and he never really cared about the land because my uncle was never really going to sell it. But now he's concern that if my uncle those pass away all his childrens around 15 (some from different women) will divided the property leaving me his only son without a share.

    Generally I wouldn't care, but were talking about 5Mil USD here.
    You need to petition the court to reopen the estate. The assets of your late grandfather should have been distributed equally among his children. The spouse does not inherit.

    "According to Law 2569 regarding inheritances and donations, the order of those who can inherit is as follows:

    Descendants: sons and daughters
    Parents and siblings
    Ancestors: grandparents
    Collaterals: uncles and aunts
    Spouse
    The State

    As depicted in the list mentioned above, the inheritance is distributed equally among the surviving family members belonging to the highest order. For example, if the deceased had children, they will inherit first. If the deceased did not have any children, then the deceased’s parents and siblings will inherit first. "

    https://inheritestate.com/dominican-...s-inheritance/

    https://www.wikihow.com/Know-when-to-Reopen-an-Estate
    Last edited by kcdmps; 04-18-2019 at 09:41 AM.

  10. #10
    Bronze
    Join Date
    Dec 2008
    Posts
    1,056
    Post Thanks / Like

    Default

    Quote Originally Posted by kcdmps View Post
    You need to petition the court to reopen the estate. The assets of your late grandfather should have been distributed equally among his children. The spouse does not inherit.

    "According to Law 2569 regarding inheritances and donations, the order of those who can inherit is as follows:

    Descendants: sons and daughters
    Parents and siblings
    Ancestors: grandparents
    Collaterals: uncles and aunts
    Spouse
    The State

    As depicted in the list mentioned above, the inheritance is distributed equally among the surviving family members belonging to the highest order. For example, if the deceased had children, they will inherit first. If the deceased did not have any children, then the deceased’s parents and siblings will inherit first. "

    https://inheritestate.com/dominican-...s-inheritance/

    https://www.wikihow.com/Know-when-to-Reopen-an-Estate
    At the time the Grandfather became deceased, if their was a spouse, they certainly did have a right to the inheritance and as much as 50%. The question is whether there was a spouse at the time the individual was deceased.

Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •