Dominican Inheritance Law

[baz]

Thanks, we'll have solicitors start that process then.

Is that 6% a proportion of our shares? Or of the total property value?

ie. do my brother and I owe 6% of our 25% each? Or do we owe 6% of the entire property value between us?

How is the property valued? Purchase value, or does someone have to pay for a valuation?

Thanks!

 

[tropical]

Thanks, we'll have solicitors start that process then.

Is that 6% a proportion of our shares? Or of the total property value?

ie. do my brother and I owe 6% of our 25% each? Or do we owe 6% of the entire property value between us?

How is the property valued? Purchase value, or does someone have to pay for a valuation?

Thanks!

I'd like to revive this thread seeing as my siblings and I are now going to have to pay inheritance tax from my moms passing 3 years ago. My dad is still alive and has just started the process to get all of this resolved. Mr. Guzman can you elaborate on the current inheritance law. We live in the US, therefore we will owe more taxes, how much more? Supposedly if papers were filed before February 8(which we did file) of this year the government was giving some sort of amnesty to siblings like us that had not declared the death of their parent and would waive the penalties imposed for late filing.

What are the attorney fees for this process?

Can we have our own appraisal completed or does it have to be ordered by the government?

Rocio

 

[Neargale]

Sr guzman,
how does the law define children with regards to inheritance? my Husband‘s children from his previous relationship were Never “declared”. Someone else declared them as theirs on the children,s birth certificate. They are now adults and have always been known as my husbands children. Would they inherit?

if the law considers that he does not have children, then the rest of his family inherits his share ie his mom, brothers and sisters? Or do I as the wife inherits his 50%.

Many thanks!

 

[Winkeladvocat]

1. How much do they inherit - me 50% and them the other 50% divided between them? Or 25% each and me 25%.

Assuming that you are married under community property rules, 50% of community property belongs to you. Upon the death of a spouse, his 50% and any non-community property he may have, will be inherited by his children in equal shares. The wife is not considered an heir of her 50%. It belongs to her from the time it was acquired during marriage. This is important because of inheritance taxes. The children must pay inheritance taxes on what they receive (if they reside abroad, a 50% surcharge on taxes due applies). The wife doesn’t.

2. It was actually my money which bought the various properties and the business. I assume that makes no difference.

It may, under certain circumstances too complicated to post here. Do you work independently from your husband? Were the funds the product of the sale of your separate property? Consult an attorney.

3. Some are in his name, some mine and some joint. Do the children inherit everything or just those in his name and 50% of those in joint names? If everything is put in my name do they then not inherit anything?

It does not matter in whose name the property was recorded. If it was acquired during marriage, it is community property and the children of the deceased spouse have the right to 50%.

4. I assume it is no point in him making a will? He has one leaving everything to me - but no doubt it would be overruled by the law of the land?

Incorrect. Because of forced heirship rules, you will not be able to get the whole estate as in the U.S., but your husband may leave up to 25% of his share to you.

5. Could their mothers get involved even if they are over 18?

No, assuming there is nothing pending from old divorces.

6. Could they sign a paper now, to say that they waive their right to inheritance if their father dies first (I have a will saying he inherits from me, so if I pop my clogs first then he gets everything anyway and I have no kids, Dominican or any other nationality!). We could get them to sign something saying they waive their rights to inheritance on his death but will get everything when I die later????

Under Dominican law all agreements or contracts regarding a future inheritance are null and void (Art. 1130 of the Civil Code).

I urge you and your husband to consult with an attorney specialized in estate planning. If you have properties in the U.S. and the D.R., attorneys from both countries should be involved.

Excellent responses!