Husband's children and property in the Dominican Republic

likenoutha

New member
Aug 26, 2004
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I live in Portland, Oregon, USA

My husband passed in January. He was a dual-citizen, and had a will, which left everything to me, besides a trust to his daughter from a previous marriage here in the U.S. Aside from his family here in the U.S. he also has two kids (who are not US citizens, of course)in the Dominican Republic, from yet another relationship, and property that he did not mention in his will. When I mentioned this to the attorney, he told me he wished my husband told him about that. He would have advised him to list his children in the will, and the property, and explain that he was purposely leaving them out. I do not want the property, but my attorney says it has to be transferred to me. Yet he doesn't know how? I can't go over there, I don't speak Spanish. I have friends of my husband who tell me they think my attorney doesn't know what he is talking about. Do the courts here recognize children and property in another country when left out of a will? I might add- the property collects rent, and the rent is used to support the children in Dominican. My husband's god mother has been taking care of this for the last 4 years. My husband's wish was for her to continue this. I also have opened an account for the children in Florida so that I can wire money to them as well.

This whole Dominican mess is keeping the estate open forever!

Any advise would be appreciated.... thks
 

Criss Colon

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Jan 2, 2002
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yahoomail.com
My advice,Forget about the property here!

Unless you are talking about a huge farm,or commercial realestate,you will waste more time and money than it could ever be worth!A phone call to Fabio Guzman,DR1's residebt legal expert is the best thing you can do to find out WHAT to do!

The DR's "Legal System",is a "Can-Of-Worms",you might not want to open! Cris Colon
 

SalsaBlondie

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Aug 28, 2003
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i do agree... it will waste so much money ... and any transfer of property to you might not be able to be enforced, and what would you do with that property anyway.. it's probably not worth much in US dollars. let his relatives keep handling the situation as they have been doing. in fact i would even go as far as to tell them that if the kids want the property one day to live in that is ok with you. unless it's something out of the ordinary, you don't want it.
 

Escott

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Jan 14, 2002
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www.escottinsosua.blogspot.com
"is sending regular mail FROM the DR reliable? like postcards, letters from friends, etc.? i love email but it is not the same as a written letter of course. just curious."

I have noticed you live in DC, have a boyfriend in the DR and dont even know if the mail is reliable yet you are giving legal advice?

You may have more to offer in the Sankie forum.
 

SalsaBlondie

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Aug 28, 2003
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hmmm..... i have a friend who is a lawyer in the DR and i researched buying property there once upon a time. i will have to ask him if he is a sankie so i can post his advice there. we usually have other important things to discuss other than "regular" mail, since his mail is usually important enough to send express mail :)
 

Hillbilly

Moderator
Jan 1, 2002
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Dear "likenoutha" ??

By Dominican law, you, as a wife inherit 1/2 of whatever property is in the DR.
All of your guys kids--all of them, yes, all of them, split the other half.

Now, just how you do this might take some doing and, as another person has said, it might not even be worth your trouble. But it is in your interest and your children's interests to at least find out.

And this is best done through a lawyyer, and there is none better or easier to communicate with that our own Fabio Guzman. Send him an email and explore your options.

Remember, land that was worth pennies twenty years ago is now worth millions...just a fact of life.

HB wishing you well.
 

likenoutha

New member
Aug 26, 2004
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Thank you....

I very confused about the post regarding "mail", but I assume it's an inside joke or something....

Anyway, thank you for all your advice. I will probably end up calling an attorney in the DR.

I am more concerned, however, about my husbands estate here in the United States, and the rights of the children in the DR to that. He clearly in his will left everything to me, and his child here in the United States, and did not include his children in the DR or any property he owns in the DR. I know that he believed that the United States is separate from the DR, and that is why he instructed his God mother to continue receiving rent payments on the property and forwarding those to his children and mother for support.

I did JUST find out from a relative in the DR that this Godmother is NOT giving money to the children and mother, but keeping it herself. This, if true, is going to add to the headache. And of course I would be very dissapointed to hear that she is not following through on her promise to my husband. What if anything can I do about her keeping the money?

I am not trying to be greedy whatsoever, but am just curious if those children have any claim on his estate her in the US, and if so, how much. My wish is to leave the property in the DR to his children in the DR, or mother.

Thank you all for your help. Above all I would give the whole estate up just to have my husband back, for I miss him terribly!!!!
 

likenoutha

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Aug 26, 2004
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yes, you are right....

I do want to settle this, and when I say I don't want the property....

I do need to clean it up. If I don't want it, then I think my other alternative is to quick claim it to someone, i.e. the kids.... or his mother. but, what makes that hard is the fact that there are renters on the property and someone has to collect the rent and take care of the property since the kids are only 7 years old.

That's why I was going to leave it to the Godmother who I thought I could trust, but now I don't know. I was hoping she would take care of it until the kids are of age, or whatever....

It might just be best to sell the property and put the money in a trust for the kids. This might sound very ignorant, but is that possible over there in the DR. A trust that is, or an account that can hold the money for the kids until there are of age, but that nobody else can spend?
 

Forbeca

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Mar 5, 2003
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likenoutha said:
It might just be best to sell the property and put the money in a trust for the kids. This might sound very ignorant, but is that possible over there in the DR. A trust that is, or an account that can hold the money for the kids until there are of age, but that nobody else can spend?

That may not be a good idea as they may need the money to sustain themselves now. It's good that you're considering all these different options, but ultimately I think you may have to go down to the DR and get a good idea of what's really going on.

Sorry for your loss and best of luck.