Inheritance laws in the DR

ltsnyder

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Jun 4, 2003
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I asked something similar previously, but I just want to clarify this.
This question reguards forign ownership of land and inheritance laws to a Dominican wife or a Forign national wife.

A previous post on inheritance stated that :

The distribution of assets would go something like this: 50% to the wife (if married under community property) and 50% to the children.

I don't quite understand what this means "if married under community property", so let me make a more specific question:

1) If I am not married US citizen, yet have a child and the mother both US citizens where I am not married to the woman. If I make a will in the US willing the ownership of the land to the mother either directly or as a trustee for the child, is this possible? Or do I need to :

1) Have a will in the DR stating this?

2) Is the assignment of the property to the woman and the child (even as forign nationals) automatic, as soon as they prove the child is my, and awarded according to the laws (50% for the mother, 50% for the child).

3) For land is it hard to have this kind of title transfer processed (once back taxes are paid, which I am aware of as an existing problem for any title transfer).

4) If I given item 2) (a mother and child living in the US) and a child born to a Dominican woman should I expect that both will be awarded 50% of the assets with 25% for each child and 25% for each mother?

5) Is there a waiting period for filing claims? I could imaging if I had a situation as stated in #4 where the dominican woman might try to process the death claim before the woman in the US could act and thereby award herself and her child 100% of the property.

Execpt for me having a child by a woman in the US, none of these situations exist yet, but I want to get a good idea of the laws in the DR as they currently stand. I don't know what might happen in the future, and would like to be prepared.

-Lee

PS: Again, to the legal gods of DR1 I thank you, and thank you in advance for any help you may provide. again . . . Thank you for everything and anything . . .
 

Hillbilly

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Jan 1, 2002
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You are making this more complicated than it is

Your children get half, no matter who the mother is or how many mothers there are.

If your significant other satisfies what Fabio has already stated to be the requirements for a "common Law" type relationship, then she will get the other 50%

If not, then I get the feeling that the kids will split everything.
As long as they have proof of their relationship with you. That is birth certificates and so forth where you are clearly identified as the male parent.

HB
 

ltsnyder

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Jun 4, 2003
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SO it does not matter what nationality they have?

I'm still not sure about how this process is resolved, and if one party can't claim the inheritance before the other party states a claim.

-Lee
 
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Hillbilly

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Jan 1, 2002
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It seems to me that you need to get some ducks in order

My dear Father-in-law had 17 different children by 5 different women. Of these only seven were children from marriages. Some of the others were considered to be "adulterous" procreated by him when he was married to someone else, and the others were "Natural" or born with neither of the two married. The new laws have erased all differences between the origins of the children.

The old man gathered his kids and laid down the law. Each got land and some got cash. One farm was set aside for all the kids. Another was set aside for the widow. When he passed, there were no acrimonious fights among the heirs. Never have been.

So you have to set things straight. Get some papers together, saying what is what and who gets what. You are not allowed to disinherit a child of yours. So let them know what will be theirs in the event of your demise....

HB, still waiting for Fabio to get into this again....but he has already done this so many time that I doubt that he will....
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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If you are not married and have children, then all your real estate in the DR goes to your children except for the proportion ("porci?n disponible") which the law allows to leave to another person by will.

The "porci?n disponible" ("disposable portion") is 50%, if you have just one child, 33.3% if you have two children, and 25% if there are three or more children.