What is The Best Way to Get Official Documents to Inherit My Father's Home?

[InterestedSugoya]

My father owns a house in Santo Domingo that he says that he wants to leave behind for his children when he passes away. Years ago he provided us with paper copies with some sort of official-looking stamps on them, but they are just "paper copies" that look like they could've been made at any corner store copy machine. They are not "official" or original documents. What is the easiest way (as in quickest, not necessarily cheapest) to get some sort of "official copy" of those documents?

None of us 3 children are Dominican citizens or Residents, and don't plan on living there any time soon, but we would like to secure what has been promised to us. If it's the kind of thing where legally it doesn't make sense for there to be 3 owners, I don't mind my brother or sister having their name be the sole name that the property gets left behind to. I just want to make sure that it's one of us. My father says that he won't let some pretty young thing swindle him out of his property, but he's in his 70s and greater men have fallen victim to such temptations. I'm assuming that this is something that I can't handle in the Dominican consulate in NYC, and that I actually have to be in the DR to attend to these matters. Is this the kind of thing that can be handled in under 2 weeks, and what is the step-by-step process for this?

P.S.- I know that everybody wants their cut and their palms greased, but this is the kind of thing that if done properly can be done without needing to involve lawyers, right?

Any help or guidance on this matter would be appreciated. Thank You for your time.

 

[LTDan]

My father owns a house in Santo Domingo that he says that he wants to leave behind for his children when he passes away. Years ago he provided us with paper copies with some sort of official-looking stamps on them, but they are just "paper copies" that look like they could've been made at any corner store copy machine. They are not "official" or original documents. What is the easiest way (as in quickest, not necessarily cheapest) to get some sort of "official copy" of those documents?

None of us 3 children are Dominican citizens or Residents, and don't plan on living there any time soon, but we would like to secure what has been promised to us. If it's the kind of thing where legally it doesn't make sense for there to be 3 owners, I don't mind my brother or sister having their name be the sole name that the property gets left behind to. I just want to make sure that it's one of us. My father says that he won't let some pretty young thing swindle him out of his property, but he's in his 70s and greater men have fallen victim to such temptations. I'm assuming that this is something that I can't handle in the Dominican consulate in NYC, and that I actually have to be in the DR to attend to these matters. Is this the kind of thing that can be handled in under 2 weeks, and what is the step-by-step process for this?

P.S.- I know that everybody wants their cut and their palms greased, but this is the kind of thing that if done properly can be done without needing to involve lawyers, right?

Any help or guidance on this matter would be appreciated. Thank You for your time.

money talks in the DR

 

[cavok]

Hire a lawyer to get the documents for you. Even with the documents, probate takes a very long time here in the DR - could easily be a couple years. It would be better and much faster if your dad puts the property into an S.R.L. with you and your brother and sister as shareholders.

 

[Ken]

Hire a lawyer to get the documents for you. Even with the documents, probate takes a very long time here in the DR - could easily be a couple years. It would be better and much faster if your dad puts the property into an S.R.L. with you and your brother and sister as shareholders.

Yes, it is long process. I am helping a German get title to the property owned by his brother who died. The courts work very slow. A Canadian where I live gave his property to his children, I believe by making them the share holders

It would be a mistake to try to do this on your own. Ask for the name of a reputable lawyer in Santo Domingo that you can trust

 

[Ken]

Yes, it is long process. I am helping a German get title to the property owned by his brother who died. The courts work very slow. A Canadian where I live gave his property to his children, I believe by making them the share holders

It would be a mistake to try to do this on your own. Ask for the name of a reputable lawyer in Santo Domingo that you can trust

The papers you have may be of more help than you think and could make it easier for a lawyer to find the originals if there are reference numbers on it

You are not going to be able to do this on your own and 2 years is a better estimate than 2 weeks.

The suggestion of making a company and putting the children as share holders is a good one and should also be considered.

The law firm on Fabio Guzman in Santo Domingo would be a good choice. They are trustworthy. He answers the legal questions on this message board

 

[Riva_31]

Firs thing to do is to go to DGII and apply for sucesoral taxes, they will require to show the titles of the property, that is suppose to ve done within first 90 days after death, if not do it they goverment will charge with extra fees, when they have done with calculations then you must pay in DGII the amount they says. After that you must hire a lawer to me inheritage declaration and transfer the title into the mane of the all of the 3.

there was a grace from gocerme t to do that and I think was extended, we did it as we realized that process for my grand mother necer was done, she passed away arround 30 years ago, their calculation to pay for us was 145,000.00 dominican pesos in total and with the grace they made a discount and we paid 95,000.00

for the process in DGII no need a lawer unless you are very lazy and has money to waste.

 

[PICHARDO]

My father owns a house in Santo Domingo that he says that he wants to leave behind for his children when he passes away. Years ago he provided us with paper copies with some sort of official-looking stamps on them, but they are just "paper copies" that look like they could've been made at any corner store copy machine. They are not "official" or original documents. What is the easiest way (as in quickest, not necessarily cheapest) to get some sort of "official copy" of those documents?

None of us 3 children are Dominican citizens or Residents, and don't plan on living there any time soon, but we would like to secure what has been promised to us. If it's the kind of thing where legally it doesn't make sense for there to be 3 owners, I don't mind my brother or sister having their name be the sole name that the property gets left behind to. I just want to make sure that it's one of us. My father says that he won't let some pretty young thing swindle him out of his property, but he's in his 70s and greater men have fallen victim to such temptations. I'm assuming that this is something that I can't handle in the Dominican consulate in NYC, and that I actually have to be in the DR to attend to these matters. Is this the kind of thing that can be handled in under 2 weeks, and what is the step-by-step process for this?

P.S.- I know that everybody wants their cut and their palms greased, but this is the kind of thing that if done properly can be done without needing to involve lawyers, right?

Any help or guidance on this matter would be appreciated. Thank You for your time.

Get a lawyer.

 

[NALs]

For the record, all 3 of you could have your Dominican citizenship within a month or less (best case scenario though at the longest it could take up to three months) for being sons/daughters of a Dominican citizen. Plus it's dual, meaning it doesn't affect your American citizenship at all. In your case, there is no need to travel to the DR at all and I think it was last year that the fee was reduced by the current consul. If thinking of doing this, then do it now before the fee go up again.

I have no idea if having Dominican citizenship has any effect in your guys favor regarding property ownership.

** Consulado Dominicano de Nueva York **

 

[InterestedSugoya]

I appreciate everyone's replies.

I found a document amongst my papers yesterday, but there may be an even more updated paper floating around somewhere in my possession.

Anyway, what I found were photocopies stapled together that had: "Registro de Titulos" from the year 1992 and a notarized "Testamento" from the year 2004. Both documents state something along the lines of myself, along with my 3 siblings (my older half-sister got thrown in there as well) having rights to either 1 or 2 "Solar". Thankfully, they are side-by-side.

It would be nice to have this resolved before my father eventually passes away, but it can also be done after his passing I guess. None of us are really in a rush to assume responsibility over the property, but like I stated, I wouldn't want something that he worked hard to build to just go to waste.

I don't think that any of us would want to sell it, but if it becomes a case where we have to pay taxes on it, and if we wouldn't be living in the country anyway, then that is always a last resort option I guess.

I think that the whole S.R.L./Shareholders thing is a little bit out of our intelligence range (just to be honest), and I guess that is where a lawyer would come into play, but I don't necessarily know if we would need to do such a thing. I figure that should he pass away, just the mere fact that we are the children that this has been promised to in writing should be enough to at least have a starting point, and put us ahead of any other potential people that would try to lay claim to the property.

Once again, thank you for the replies. I will update the thread if I do end up finding this other (possibly newer) paper that I believe to be floating around in my possessions.

 

[InterestedSugoya]

For the record, all 3 of you could have your Dominican citizenship within a month or less (best case scenario though at the longest it could take up to three months) for being sons/daughters of a Dominican citizen. Plus it's dual, meaning it doesn't affect your American citizenship at all. In your case, there is no need to travel to the DR at all and I think it was last year that the fee was reduced by the current consul. If thinking of doing this, then do it now before the fee go up again.

I have no idea if having Dominican citizenship has any effect in your guys favor regarding property ownership.

** Consulado Dominicano de Nueva York **

Quick question:

As an American citizen, I guess that there will be some advantages to having the Dominican citizenship as well, but do you know if there are any disadvantages?

Furthermore, a quick search said that I would be naturalized in 2 years. What exactly does that mean? What if I just applied from New York for Dominican Citizenship, and then didn't step foot in the DR until 5 years into the future? Would this naturalization process still take place?

 

[JD Jones]

I appreciate everyone's replies.

I found a document amongst my papers yesterday, but there may be an even more updated paper floating around somewhere in my possession.

Anyway, what I found were photocopies stapled together that had: "Registro de Titulos" from the year 1992 and a notarized "Testamento" from the year 2004. Both documents state something along the lines of myself, along with my 3 siblings (my older half-sister got thrown in there as well) having rights to either 1 or 2 "Solar". Thankfully, they are side-by-side.

It would be nice to have this resolved before my father eventually passes away, but it can also be done after his passing I guess. None of us are really in a rush to assume responsibility over the property, but like I stated, I wouldn't want something that he worked hard to build to just go to waste.

I don't think that any of us would want to sell it, but if it becomes a case where we have to pay taxes on it, and if we wouldn't be living in the country anyway, then that is always a last resort option I guess.

I think that the whole S.R.L./Shareholders thing is a little bit out of our intelligence range (just to be honest), and I guess that is where a lawyer would come into play, but I don't necessarily know if we would need to do such a thing. I figure that should he pass away, just the mere fact that we are the children that this has been promised to in writing should be enough to at least have a starting point, and put us ahead of any other potential people that would try to lay claim to the property.

Once again, thank you for the replies. I will update the thread if I do end up finding this other (possibly newer) paper that I believe to be floating around in my possessions.

I knew nothing about having a property in a corporation until I bought one.

It is super simple. You have to pay your lawyer to process a "Board meeting" once a year which really doesn't require much more than your signatures.

Your property in a corporation protects you from ever being targeted in most types of scams (probably negligible in your case) but the best part is when you decide to sell, it's a simple sale of the shares in your names to the buyers name.

Best of all, if it's a corporation, there's virtually no chance of there being any sort of problem of ownership. It's yours. No one can come along claiming they own it.

Your lawyer can whip the shares sale contract in a matter of minutes.

 

[Northern Coast Diver]

I appreciate everyone's replies.

I found a document amongst my papers yesterday, but there may be an even more updated paper floating around somewhere in my possession.

Anyway, what I found were photocopies stapled together that had: "Registro de Titulos" from the year 1992 and a notarized "Testamento" from the year 2004. Both documents state something along the lines of myself, along with my 3 siblings (my older half-sister got thrown in there as well) having rights to either 1 or 2 "Solar". Thankfully, they are side-by-side.

It would be nice to have this resolved before my father eventually passes away, but it can also be done after his passing I guess. None of us are really in a rush to assume responsibility over the property, but like I stated, I wouldn't want something that he worked hard to build to just go to waste.

I don't think that any of us would want to sell it, but if it becomes a case where we have to pay taxes on it, and if we wouldn't be living in the country anyway, then that is always a last resort option I guess.

I think that the whole S.R.L./Shareholders thing is a little bit out of our intelligence range (just to be honest), and I guess that is where a lawyer would come into play, but I don't necessarily know if we would need to do such a thing. I figure that should he pass away, just the mere fact that we are the children that this has been promised to in writing should be enough to at least have a starting point, and put us ahead of any other potential people that would try to lay claim to the property.

Once again, thank you for the replies. I will update the thread if I do end up finding this other (possibly newer) paper that I believe to be floating around in my possessions.

My understanding of the law, is that when your father dies, half of what he has goes to the wife, and the other half is divided between all of the children. Getting this sorted before death is in your best interest. Never know how many kids could come out of the woodwork! Good luck!

 

[NALs]

Quick question:

As an American citizen, I guess that there will be some advantages to having the Dominican citizenship as well, but do you know if there are any disadvantages?

There are several things that are legally easier for Dominican citizens. For example, opening a Dominican bank account is no issue, the same with getting a driver's license, legally working or starting a business; buying property is often easier for citizens. Arriving in Dominican airports from abroad on many cases a Dominican citizen can expedite their entrance compared to non-citizens and don't have to pay the entry tax (tourist card) that all non-citizens are forced to pay, and many other things. Another convenience is that a Dominican citizen that lives abroad can buy a one way ticket to the DR (buy the return ticket whenever you like) and has no time limit in the DR, unlike non-citizens who are required to buy a returning ticket or they are not getting in the airplane heading for the DR. The DR can't deport Dominican citizens for any reason, but non-citizens can be deported (and it happens from time to time) and that also means landing in a Dominican airport, denied entry into the country and placed in the next flight back to the country from where you came from.

Furthermore, a quick search said that I would be naturalized in 2 years. What exactly does that mean? What if I just applied from New York for Dominican Citizenship, and then didn't step foot in the DR until 5 years into the future? Would this naturalization process still take place?

Naturalization is for foriegners (non-Dominican nationals). Sons/daughters of Dominicans have the Dominican nationality from birth regardless where they are born, but those born outside the DR don't have Dominican citizenship. They are automatically Dominican nationals, but not Dominican citizens. What the process does is give the citizenship to Dominican nationals. As an example of this, Dominican nationals that gain their citizenship are not invited in the naturalization ceremony where foreigners are sworn in as Dominican citizens. Foreigners are neither, but they gain both upon naturalization. Despite naturalization, there are certain limitations than often is more a demostration between a Dominican national from birth vs one that wasn't born one. For example, a Dominican national that gains citizenship can opt to run for the presidency of the DR, but a naturalized Dominican can never run for the presidency.

 

[rubio_higuey]

a Dominican citizen can expedite their entrance compared to non-citizens and don't have to pay the entry tax (tourist card) that all non-citizens are forced to pay

Actually they have to pay it, because since several years ago it is included in the ticket price. You then need to claim it refunded back via online form with DGII who will eventually refund the money back to you some day. Same goes for legal residents.

 

[InterestedSugoya]

My understanding of the law, is that when your father dies, half of what he has goes to the wife, and the other half is divided between all of the children. Getting this sorted before death is in your best interest. Never know how many kids could come out of the woodwork! Good luck!

There is no wife to speak of.

It's funny that you mention kids coming out of the woodwork, because my father does have some other kids out there somewhere. Technically I can see how they will be able to lay claim to any property if they can prove that he is their father, but wouldn't our names on the Testament and Title Registry hold more weight than their names?

 

[cavok]

The DR has very specific inheritance laws. I don't think a will can circumvent or supersede those laws. At a minimum, you could be in for a long legal battle. An S.R.L. avoids this and having to deal with probate here. A lawyer can handle all of this. It will cost to form the S.R.L. and there are yearly taxes to be paid - all of which can be handled by your lawyer. Call one and see if it;s worth it to you.

 

[PICHARDO]

There is no wife to speak of.

It's funny that you mention kids coming out of the woodwork, because my father does have some other kids out there somewhere. Technically I can see how they will be able to lay claim to any property if they can prove that he is their father, but wouldn't our names on the Testament and Title Registry hold more weight than their names?

If no wife, he can simply do a title transfer to your names.
That solves everything for all involved parties.
Make a sales contract and paperwork now.

That will be the easiest solution.

 

[drstock]

For example, a Dominican national that gains citizenship can opt to run for the presidency of the DR, but a naturalized Dominican can never run for the presidency.

I don't advise running for President immediately!

 

[InterestedSugoya]

If no wife, he can simply do a title transfer to your names.
That solves everything for all involved parties.
Make a sales contract and paperwork now.

That will be the easiest solution.

I wonder what this "Title Transfer" would look like in Spanish?

Maybe that information or sentiment is already conveyed in the "Title Registry".

Regardless, I appreciate your reply and will look into it further.

@cavok You are right in that I should look into it "if it's worth it". I don't know of when I'd actually be looking to live in the DR for a more long-term stay. I can't really see it. If anything, it would be nice to have ownership (along with my siblings), if we decide that we don't plan on living there, but instead would rather just sell the property.

 

[cavok]

I wonder what this "Title Transfer" would look like in Spanish?

Maybe that information or sentiment is already conveyed in the "Title Registry".

Regardless, I appreciate your reply and will look into it further.

@cavok You are right in that I should look into it "if it's worth it". I don't know of when I'd actually be looking to live in the DR for a more long-term stay. I can't really see it. If anything, it would be nice to have ownership (along with my siblings), if we decide that we don't plan on living there, but instead would rather just sell the property.

The "title transfer" is the purchase/sales contract drawn up by a lawyer, submitted to DGII, and then to title office.