Inheritance Question

[AlterEgo]

A legal question regarding inheritances for Sr Guzman please. (I’m not looking for opinions, only what the law indicates).

Couple had 6 children. Couple deceased, Will leaves property to their 6 kids.

One son dies before property is sold, he had a wife and 5 kids.

When property sells, does deceased son’s wife have any claim to the proceeds, or does it just get split between his/their 5 kids?

 

[Fabio J. Guzman]

Just the 5 kids have rights over the real estate because it is part of an inheritance. Inherited real estate does not form part of community property.

 

[reilleyp]

Just the 5 kids have rights over the real estate because it is part of an inheritance. Inherited real estate does not form part of community property.

In the US, we have a "Per Stirpes" designation that can be added onto each beneficiary or heir. This would pass a deceased beneficiary's portion onto their surviving children. Does a similar designation exist in the DR?

 

[Fabio J. Guzman]

Yes, it is automatic under Dominican law; if one of the children dies, his or her portion in the estate goes to the grandchildren.