How does Dominican Inheritance law work for a married couple without children?

mt_net

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Mar 19, 2009
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I have a question for Dr. Guzman or anyone else who may have experience with this sort of situation.

I am US Citizen by birth and naturalized Dominican citizen by marriage. My wife is Dominican and no US residency. We both reside permanently in DR. We do not have children. Neither from previous relationships nor together. We do not have a large amount of assets. Just a couple modest DR bank accounts and a vehicle.

The question is … in the case my wife and I were to both die (plane falls out of the sky) what would happen with our DR assets per Dominican law?

We have not created a will. Just looking for how the law works without one.

I searched through the forum for possible previous posts on this scenario, but most inheritance questions are related to parents and progeny.

Thanks so much for any input!
 
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AlterEgo

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¿HOW TO CLAIM AN INHERITANCE IN THE DOMINICAN REPUBLIC?​

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The process to claim an inheritance in the Dominican Republic is regulated by article 718 of the Dominican Civil Code and its subsequent articles.
Usually, in the Dominican Republic, people do not have a will at the time of their passing. Therefore, it is important to note that it is not necessary to be listed in a will in order to have access to an inheritance.
It is also important to note, that the law establishes an order of priority to be able to inherit, stating that the parties who have priority to inherit first are:
– Direct descendants (children and grandchildren).
– Ascendants (parents and grandparents).
– Collateral parties (brothers, cousins and uncles).

Read more: https://morillosurielabogados.com/en/how-to-claim-an-inheritance-in-the-dominican-republic/
 

mt_net

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Mar 19, 2009
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That seems to be pretty straight forward. Thanks!

In my case I understand that it would mean my parents and my wife's parents (all living) would divide whatever our assets are at that time. The link was also quite informative regarding the mechanics.

Thanks again DR1!
 

NanSanPedro

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Apr 12, 2019
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Wouldn't it be easier just to make a will? Why would anyone want their estate caught up in a court with lawyers? Even better would be a trust, but I don't know if the DR has them.
 
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aarhus

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Wouldn't it be easier just to make a will? Why would anyone want their estate caught up in a court with lawyers? Even better would be a trust, but I don't know if the DR has them.
I agree. If you plan in time but things may change so you need a new will.
 
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Fabio J. Guzman

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Jan 1, 2002
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Assuming you and your wife are married under a community-property arrangement, when one of you dies, community property is divided in two halves, the heirs to the deceased spouse inherit his or h er half and the surviving spouse keeps his or her half.

If there are no children, I strongly recommend that both spouses write wills in favor of each other unless they wish their parents and siblings to come into the picture. In case of there are no wills, the deceased spouse’s half goes to his or her parents and siblings, divided equally.
 

bachata

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Aug 18, 2007
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Why you worries about? who cares where the money is going to end up if you are already dead without descendant.

Enjoy now, life is short!

JJ
 
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aarhus

www.johnboyter.com
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Why you worries about? who cares where the money is going to end up if you are already dead without descendant.

Enjoy now, life is short!

JJ
Good point but just don’t leave a total mess to your loved ones. Sometimes people get an inheritance they would rather not have wanted as it involves a lot of paperwork.
 
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mt_net

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Mar 19, 2009
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Good point but just don’t leave a total mess to your loved ones. Sometimes people get an inheritance they would rather not have wanted as it involves a lot of paperwork.
This is the main reason I am looking for guidance. Our assets would not be of any real consequence. But if there is a way to easily streamline matters for those involved beforehand we would like to consider that option.
 
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