Who Inherits The Debt of a Dead Person?

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InterestedSugoya

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Morning, my father (who was a Dominican citizen) passed away recently. He had a pending loan debt and also some medical bills. I keep hearing different things about those debts dying along with him, or whether or not I would have to pay them. If they "have" to be paid, then they will be paid, but if it could be avoided, then that's preferable.

The medical one may have to be paid because I believe my aunt signed some documents while I was out of the country. The bank loan, perhaps not.

We already have a choice of three different lawyers to consult with here in Santo Domingo, and I'm sure that anyone reading this in this group who also happens to be a lawyer may try to reach out, but for now, I just have this general question:

What happens to a person's debt in this country when they pass away. Do the children have to pay it off?

I'm in Santo Domingo.
 
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Sailor51

Sailor51

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If you or another have signed paperwork at the hospital and/or doctor agreeing to "be responsible" then you probably will be for the bill. I've discussed this with others and we all agreed to never do it. Even for a spouse. On the outset it may appear kinda cold, but it can be an income saver. Neither is it cold to have insurance on ones parents.
 
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bob saunders

bob saunders

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InterestedSugoya

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JD Jones said:
That may be more valuable than you think. And land here isn't cheap anymore either. I hope you find competent counsel.
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I never said that I didn't think it was valuable. For the time being there's no plan to sell. We have official paperwork stating it it's been left over to us, but I guess, if I'm not understanding this incorrectly, we have to go somewhere and officially inherit it?

Btw, I posted this elsewhere in regards to me possibly visiting DGII, and it may be relevant to this conversation:

My father had been retired for over 20 years in the USA (and moved back to the DR as soon as he retired). It's been even longer than that since he had any Dominican income (with the exception of a room that he rented out to tenants in a different property). He never mentioned anything about paying taxes.

If I were to go to DGII with his Death Certificate, would they even have information on him, or on what he owns? I don't know if he's had any dealings with them for a very long time. I could be wrong though. He was receiving monthly money from US Social Security and a US pension, but I don't know if that was "officially" set-up as a transfer. He may have been receiving it as if he still lived in New York, and it would just be sent to him via the bank every month (I'm not sure about that right now, or what effect that would have on everything).
 
bob saunders

bob saunders

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InterestedSugoya said:
I never said that I didn't think it was valuable. For the time being there's no plan to sell. We have official paperwork stating it it's been left over to us, but I guess, if I'm not understanding this incorrectly, we have to go somewhere and officially inherit it?

Btw, I posted this elsewhere in regards to me possibly visiting DGII, and it may be relevant to this conversation:

My father had been retired for over 20 years in the USA (and moved back to the DR as soon as he retired). It's been even longer than that since he had any Dominican income (with the exception of a room that he rented out to tenants in a different property). He never mentioned anything about paying taxes.

If I were to go to DGII with his Death Certificate, would they even have information on him, or on what he owns? I don't know if he's had any dealings with them for a very long time. I could be wrong though. He was receiving monthly money from US Social Security and a US pension, but I don't know if that was "officially" set-up as a transfer. He may have been receiving it as if he still lived in New York, and it would just be sent to him via the bank every month (I'm not sure about that right now, or what effect that would have on everything).
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Did you read the links I posted. It explains the process. I think you need to have a lawyer and pay the inheritance taxes and then go from there. There is paperwork required.
 
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InterestedSugoya

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Fabio J. Guzman said:
Heirs are responsible for the debts of the estate (art. 870 of the Civil Code) except if they renounce the inheritance.
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The current plan is, of course, for us to officially inherit things since the debts are not going to be so large that they are a higher number than what we're going to inherits' value, but...just for curiosity sake, hypothetically...if my father would have owed 1 million USD in debt, and if all of his assets would have been valued at 500,000, could we just choose to not "officially" inherit anything, and then still live in the same home that he left to us since no one ever "officially" inherited it?

Like I said, we plan to officially inherit it, but I'm just curious.

Also,

There are 1-2 houses and land that was left to us. I believe it was left in a "testamento". Since the testament only lists us 4 children as the people able to inherit it, do we have to rush to "officially" inherit it? I mean, even if someone else from the family wanted to try to claim it, their name is not on the testament. Can I alone just walk into DGII, or with all 4 of us have to go?

Any information that you could provide me with would mean a lot. Thank you for taking the time to read my words.
 
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InterestedSugoya

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bob saunders said:
morillosurielabogados.com

¿How to claim an inheritance in the Dominican Republic? - Morillo Suriel Abogados

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...
morillosurielabogados.com morillosurielabogados.com
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Good morning Bob,

I looked at this link that you provided and I'm a little bit confused. It says that we would have a period of 30 days to pay an inheritance tax, but everywhere else I'm looking at says 90 days. Are we talking about two different things?
 
bob saunders

bob saunders

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InterestedSugoya said:
Good morning Bob,

I looked at this link that you provided and I'm a little bit confused. It says that we would have a period of 30 days to pay an inheritance tax, but everywhere else I'm looking at says 90 days. Are we talking about two different things?
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I dont know thats why I advise getting a lawyer such as Guzman to help you.
 
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Mariahboater

Mariahboater

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InterestedSugoya said:
Good morning Bob,

I looked at this link that you provided and I'm a little bit confused. It says that we would have a period of 30 days to pay an inheritance tax, but everywhere else I'm looking at says 90 days. Are we talking about two different things?
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You need a lawyer not a forum! You need one no matter what to transfer of titles and fulfill the will , so you might as well get advice from one ASAP things go slow here.
 
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