Dominican Inheritance Law

AndyGriffith

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Mar 11, 2010
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Sounds like you need to file a U.S return for that income. In terms of the DR, they do have a tax on worldwide income if you reside in the country for more than 183 days.
 

AndyGriffith

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Mar 11, 2010
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Only on income from financial sources, not on any other type of income, and this only after the 3rd year of residency.
Mr. Guzman,

Does the 3 year exemption only apply thru some type of residency program for foreigners or does it also apply to foreigners whom obtain residency thru marriage?
 

Trainman33

Well-known member
Dec 11, 2009
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I'm correcting myself, I found out that Popular and Scotiabank also work with Bank of America. However I havn't seen any Banco Popular in Santiago.
 

Trainman33

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Dec 11, 2009
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I just found out I will also be receiving income from oil and gas holdings that my grandfather had.
 

doubler55@yahoo.com

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Oct 3, 2010
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my father died in 1975 leaving property in Santo Domingo but I never claim my inheritance from my mother, but my mother (80 yrs old) re-married. to a 55 yrs old man in the DR know she want to sell but she does not want to divide my father inheritance. what are my right of not loosing my parents inheritance to her new husband? thanks Maria
 

Jullien

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Dec 11, 2010
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Very worthwhile post. Dominican law applies generally to the inheritance of immovable property (real estate) located in Dominica (lex situs), but if the real estate of the deceased is out of Dominica and the laws of the country where the property is applied.
 

Hillbilly

Moderator
Jan 1, 2002
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If it is out of Dominica? Then it has nothing to do with the Dominican Republic!!

Lawyers will have a field day...

HB
 

zoomzx11

Well-known member
Jan 21, 2006
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DR corporations and inheritance laws

I have an acquaintance who is married to a Dominicana. He placed their residence in a DR corporation. This guy is a real tigre. I am suspicious that his corporation is formed to keep their house out of his wife's hands when he dies. Does the fact that the house is owned by his corporation, of which she has no part, keep her from inheriting the house upon his death?
 

Expat-in-Cabarete

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Jan 17, 2009
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She may not get the the house per se, but she'll get 50% of the shares he owns in the corporation; the rest goes to his children.
 

zoomzx11

Well-known member
Jan 21, 2006
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Aha

I have an acquaintance who is married to a Dominicana. He placed their residence in a DR corporation. This guy is a real tigre. I am suspicious that his corporation is formed to keep their house out of his wife's hands when he dies. Does the fact that the house is owned by his corporation, of which she has no part, keep her from inheriting the house upon his death?
Thanks Expat. So if he only owns a small share of the Dominican Corp. and his other relatives hold the majority of shares the wife will only get half of his shares? That will deprive her of the home and she will be left with very little. Looks like a slick way to avoid Dominican inheritance laws. I know the family was very upset with the marriage and their possible loss of his assets to the new wife. He tries to reassure her with promises but she has never even seen a single scrap of paper or the will he tells her gives her everything. Sad circumstance.
 

baz

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Apr 14, 2011
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Forced Heirship query

My father passed away in 2007 - he and my stepmother jointly owned a villa in Sosua, DR.

My father had two children - me and my brother - from his first marriage.

My stepmother also has two of her own children from her first marriage.

My father and stepmother had no children together, and bought the house while married to each other.

As far as I am aware, the deeds/titles/etc are still in the names of my father and stepmother, nothing has been changed.

All of the above people are British citizens, all are over 18, and none of us are resident in the DR. The property itself is currently rented out.

Questions:

1. What needs to happen in order for the villa to be sold? Presumably the deeds need to be updated first? How?
2. How would the proceeds for the sale be divided?

Many thanks.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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To be sold the heirs have to go through a process called "determination of heirs" at the Land Court, which involves payment of inheritance taxes (apppox. 6% in your case, since none of them are Dominican residents). The house belonged to your father and stepmother 50-50; I assume because they married under community-property rules. Upon your father's death, his 50% of the property would go to his two children if there is no will. If there is a will, the matter could get complicated because of the forced heirship rules of Dominican law.