So what is to be done?

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viguy007

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I am going to die within the next 3 to 6 months. I have no problem with dying, but I worry my affairs are in a mess. I have had a Dominican wife for more than five years. I am not a legal resident here in DR, but have lived here for 18 years. My US passport has expired. I have a little more than $100,000 in life-insurance, which is not much if my wife has to pay for a lawyer. I have no family in the United States, so I will be buried here in DR. I have done my research, and it does not seem easy to claim my life insurance from an American company while I am in DR. I even read my next-of-kin may be arrested while police investigate my death, because I am not Dominican. That seems insane. Does anybody here have experience with the collecting of life-insurance from an American company while living in DR . Thank you
 

jimmythegreek

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I am going to die within the next 3 to 6 months. I have no problem with dying, but I worry my affairs are in a mess. I have had a Dominican wife for more than five years. I am not a legal resident here in DR, but have lived here for 18 years. My US passport has expired. I have a little more than $100,000 in life-insurance, which is not much if my wife has to pay for a lawyer. I have no family in the United States, so I will be buried here in DR. I have done my research, and it does not seem easy to claim my life insurance from an American company while I am in DR. I even read my next-of-kin may be arrested while police investigate my death, because I am not Dominican. That seems insane. Does anybody here have experience with the collecting of life-insurance from an American company while living in DR . Thank you
Truly sorry to hear about your plight. Is there absolutely no way that you could travel to the United States as soon as possible and remain there? Would the life insurance transfer to your spouse even if she is not a U.S. citizen or resident?
 

bigbird

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Truly sorry to hear about your plight. Is there absolutely no way that you could travel to the United States as soon as possible and remain there? Would the life insurance transfer to your spouse even if she is not a U.S. citizen or resident?
By no means am I a legal expert but first thing I would do is make sure the spouse is listed as primary beneficiary and also have a secondary beneficiary. Like I said no expert but what difference would it make if the spouse is not an American citizen?
 

RonS

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Oct 18, 2004
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I agree with bigbird. First, make certain your wife is the primary beneficiary and that you have a secondary. A life insurance policy is a contract and it should not matter whether the third-party beneficiary is in, or a citizen of, the DR, the US, or wherever, unless there is a provision in the policy that states to the contrary. Definitely do not hesitate to check with your insurance company to be sure. Even if you are in the US at the time of your decease it won't matter if there are limitations on who is eligible to be a beneficiary under the terms of your insurance contract. I wish you all the best and pray that you do not encounter a problem resolving this issue.
 

bigbird

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just to add to what RonS has said, make sure the spouse has the policy in her possession and a photo copy is a safe place.
 

AlterEgo

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Jan 9, 2009
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Generally speaking, most policies/companies require an original death certificate, then they will release the money to the primary beneficiaries. I received checks, but possibly a wire transfer could be made. To simplify things, consider opening a dollar savings account in your wife’s name.
 

JDJones

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Jan 7, 2016
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May I also suggest you contact the life insurance company and ask them how you can guarantee she'll get paid. That's what I would do.
 

playacaribe2

Well-known member
Jan 9, 2004
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I am going to die within the next 3 to 6 months. I have no problem with dying, but I worry my affairs are in a mess. I have had a Dominican wife for more than five years. I am not a legal resident here in DR, but have lived here for 18 years. My US passport has expired. I have a little more than $100,000 in life-insurance, which is not much if my wife has to pay for a lawyer. I have no family in the United States, so I will be buried here in DR. I have done my research, and it does not seem easy to claim my life insurance from an American company while I am in DR. I even read my next-of-kin may be arrested while police investigate my death, because I am not Dominican. That seems insane. Does anybody here have experience with the collecting of life-insurance from an American company while living in DR . Thank you
My condolences on your illness/diagnosis.

Having advised a US resident in similar circumstances......

1. If you have not done so, and if you are able, please register your presence in the DR with the US Embassy.

2. Redundant and already suggested, please make sure your beneficiary designation(s) are as you want them, AND if it is your Dominican wife who will be beneficiary, PLEASE put her name on the beneficiary designation form exactly as it appears on her Cedula.

3. Have a certified Marriage Certificate In Extensa with an English translation.

4. Due to the high amount of insurance fraud globally.......and especially in third world countries.......please gather any current medical records/diagnosis available to supplement your eventual certificate of death.

5. I am a bit concerned you have no current valid identification, so you might wish if you are physically able, to renew your passport. In the alternative, if you could at least obtain a Dominican drivers license, not sure you can get one without a valid passport/license......and/or the immigration hassles that getting one may entail.

6. Proceeds can be made payable to your beneficiary and wired into their account..........assuming they have one. A wire is the cheapest and most effective way to accomplish this..........but note that not all insurance companies will do wire transfers.....check with your insurer............and while you are doing so, you will want to let them know of your condition, and what, if anything, you can do now, to avoid inevitable delays after your passing.


Respectfully,
Playacaribe2
 

chico bill

Lobotomy Surgeon
May 6, 2016
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By no means am I a legal expert but first thing I would do is make sure the spouse is listed as primary beneficiary and also have a secondary beneficiary. Like I said no expert but what difference would it make if the spouse is not an American citizen?
For tax reasons she must have a Social Security number or Federal tax ID #. She must pay taxes on this money
 

Tamborista

hasta la tambora
Apr 4, 2005
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For tax reasons she must have a Social Security number or Federal tax ID #. She must pay taxes on this money
I am not a CPA, however I know inheritance is not considered income, nor is it subject to income tax.
OP needs to talk to the insurance carrier, not count on a bunch of 1/2 wits on a forum guessing.
 

playacaribe2

Well-known member
Jan 9, 2004
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For tax reasons she must have a Social Security number or Federal tax ID #. She must pay taxes on this money
CB:

No need for a SS# or Fed Tax ID# as life insurance proceeds are not counted as taxable income.


Respectfully,
Playacaribe2
 
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playacaribe2

Well-known member
Jan 9, 2004
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I am not a CPA, however I know inheritance is not considered income, nor is it subject to income tax.
OP needs to talk to the insurance carrier, not count on a bunch of 1/2 wits on a forum guessing.
Not on the federal level.........but there are several states that impose their own inheritance tax.......neither of which the OP has a need to be concerned about.....as his domicile is clearly the DR.....and life insurance proceeds are not counted as an inheritance........for tax purposes.


Respectfully,
Playacaribe2
 

chico bill

Lobotomy Surgeon
May 6, 2016
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There is no tax due when receiving the pay out on a life insurance policy.

Sent from my SM-J730GM using Tapatalk
True on whole life - generally, as long it does not include structured payments (i.e. annuity). The recipient still needs a tax ID number or social. Look at any application for life insurance and it will request that information along with full name and address of beneficiary.

It is required that Life Insurance Companies get your tax id information. In the case of an individual, this is usually your Social Security Number.

The recipient is required to fill out a W9 to receive the benefit payment(s)

Usually, life insurance proceeds are not taxable to the beneficiary, but any interest they pay for the period between the date of death and the payment of the policy is taxable or if payments are made over time.
 

dulce

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Jan 1, 2002
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This is posted in the legal section. I suggest you wait for the regular DR1 Lawyer answer your questions.
I am sorry to hear of your illness. Good luck finding the answers you need.
 

playacaribe2

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Jan 9, 2004
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This is posted in the legal section. I suggest you wait for the regular DR1 Lawyer answer your questions.
I am sorry to hear of your illness. Good luck finding the answers you need.
True.

But, it is posted in the wrong section.

The OP's questions are matters of US law/policy........not Dominican.


Respectfully,
Playacaribe2
 

playacaribe2

Well-known member
Jan 9, 2004
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True on whole life - generally, as long it does not include structured payments (i.e. annuity). The recipient still needs a tax ID number or social. Look at any application for life insurance and it will request that information along with full name and address of beneficiary.

It is required that Life Insurance Companies get your tax id information. In the case of an individual, this is usually your Social Security Number.

The recipient is required to fill out a W9 to receive the benefit payment(s)

Usually, life insurance proceeds are not taxable to the beneficiary, but any interest they pay for the period between the date of death and the payment of the policy is taxable or if payments are made over time.
CB:

You do not need a tax ID# or SS# to be listed as a beneficiary nor to receive proceeds of a death benefit policy. They may ask for one as a way to accurately identify a beneficiary, but it is not necessary nor are you penalized in any way for not having one

To your point, receiving monthly or yearly interest payments as in an insurance annuity does trigger a W-9 filing as you suggest for those payments accrued but not yet paid out, but the actual death benefit to the beneficiary, passes without need of either a W-9, SS#, or tax id#. My best guess is that the OP has a straight term policy, i.e. you die/they pay.

As I have said, been there and done that, for someone else in the DR.


Respectfully,
Playacaribe2
 

william webster

Well-known member
Jan 16, 2009
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If you have a trusted friend....your wife

You might consider appointing them 'Power of Attorney'
this might be the easiest rote - and the fastest....

Ask a lawyer that question....
 
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