Avoiding DR inheritance laws validating US will at cancillera PLEASE ADVISE ASAP

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BBNY

Guest
My partner and I (both US) are about to purchase a condo (we will not reside there permanently) in the Samana peninsula. I am aware of Dominican inheritance laws and the possibility of buying real estate as corporation 9but not tax advantageous for us). Lawyer in the DR is dusting the following (but am skeptical ?):

Please forget all about the creating a company here in the DR, too much headaches with tax declaration on a montly basis, yearly, plus you will have to pay 1% every year of the total value of the property. Now here is the solution: You and X purchase the apartment as planned, after we get the title in your names, you will take that document to the States and once there, you will make two Wills. Because under the american Law there is a survivorship, but not here in the DR, therefore, in case something happen, what the survivor has to do is to take that Will to the Dominican Consulate for legalization or apostille, bring it here to the State Department "La Canciller?a", and then through a Lawyer present that document along with the original title, into the Civil Court to validate it, and the to the Land Court to eliminate that Title and issue a new one with the survivor's name on it only. That Will will be valid here because you are americans, and the Will was properly made in America.

DOES THIS MAKER SENSE? PLEASE ADVISE ASAP, THANKS.
 

reilleyp

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Dec 12, 2006
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My partner and I (both US) are about to purchase a condo (we will not reside there permanently) in the Samana peninsula. I am aware of Dominican inheritance laws and the possibility of buying real estate as corporation 9but not tax advantageous for us). Lawyer in the DR is dusting the following (but am skeptical ?):

Please forget all about the creating a company here in the DR, too much headaches with tax declaration on a montly basis, yearly, plus you will have to pay 1% every year of the total value of the property. Now here is the solution: You and X purchase the apartment as planned, after we get the title in your names, you will take that document to the States and once there, you will make two Wills. Because under the american Law there is a survivorship, but not here in the DR, therefore, in case something happen, what the survivor has to do is to take that Will to the Dominican Consulate for legalization or apostille, bring it here to the State Department "La Canciller?a", and then through a Lawyer present that document along with the original title, into the Civil Court to validate it, and the to the Land Court to eliminate that Title and issue a new one with the survivor's name on it only. That Will will be valid here because you are americans, and the Will was properly made in America.

DOES THIS MAKER SENSE? PLEASE ADVISE ASAP, THANKS.
Just curious, where are you buying in Samana?
 
B

BBNY

Guest
Vista Mare (los Cacaos between Samana and Las Galeras) but if not 100% certain about this (as so many issues compared to buying in other places) may give up.
 

reilleyp

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Dec 12, 2006
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Your message reads "ASAP" Take your time and don't let anyone rush you. Get about 10 different opinions.
 

mountainannie

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Dec 11, 2003
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Yes, Guzman would be the one to advise you on this. In the States, this would be called holding a property as "tenants in common" if both of your names were on the deed. If one of the two of you dies, the other is the sole owner.

I am guessing that one of the partners has children though? So yes, under that sceneario, the children would have rights here in the DR.

You need Sr. Guzman. They have offices in Las Terreanas.
 
B

BBNY

Guest
Thanks. We are flying to DR this weekend (were there looking at places last January/February) and intend to make the purchase about a week later. Lots of things to deal with as so many warnings as bout the do's and don'ts. As it is in an established (high end) complex, there should be less issues with deslinde, etc. Already saw title (of previous owner of course), proof that all taxes had been paid, etc and obtained the fiscal value of the property from the tax office in Samana.
 
B

BBNY

Guest
Actually no. We are (same sex) partners without any ties (no kids, one sister in Europe,. one in the US) in the DR whatsoever. But still as in the DR, siblings, aunts, etc. all come before.
 

Criss Colon

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Jan 2, 2002
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RENT, don't buy ANYTHING!!!
At least not yet.
You are having "Island Fever" .
Rent for a year first.
Lets see if you BOTH love it here first.
I have lived here for 20 years, and visited for 8 years before that.
What is your hurry?
"Decisions Made In Haste, Can Be Regretted At Leisure"!!!!!
I can tell you, that the REAL DR, is NOT what you now think it is!
It CAN be great, but it is not for everyone.
Please wait a while, REALLY!
Cris Colon
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