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Inheritance Law

Last activity 28 April 2022 by DRVisitor

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lspriggs0325
If someone finds out that a sibling is not the biological child of a parent who is deceased and there is DNA to prove it, how does this impact the inheritance of the deceased property in Dominican Republic? 

I understand that the children of the deceased, when there is no will,  must present a birth certificate to prove that they are related to the deceased. However, what happens if there is DNA to prove that one of children is not the biological child of the deceased , will the courts accept the DNA as proof and deny that child any rights to deceased parent's property or other assets?
DominicanadaMike
I am sure someone with more knowledge will chime in but for what it is worth, I don't believe the word "biological" comes into play within the definition of the inheritance law.  If the "child" was raised, lived with, adopted by, then I think you will find they are a child of the deceased.  This is a country where it is not unusual for a family to raise a child that is not theirs without there being any "official" paperwork in place.

Also, is there a will or not will also impact who gets the inheritance.  Also, is the person Dominican born or not will also have an impact.

Finally, a DR lawyer will be able to give you a better response.
planner
Definitely NOT the place to ask this question.  You need a good lawyer for this!
lspriggs0325
Thanks DominicanadaMike and Planner.  I will follow-up with a lawyer.
DominicanadaMike
always...
stealth19
Definitely, best to consult a family lawyer, and yes the word “biological” is of utmost legal importance  in a “Testamento,” or inheritance of an intestate person in the DR. It is impossible or extremely difficult to deal with matters of this nature in the DR without a lawyer.
DRVisitor
Anyone have any knowledge what overseeds which - a will vs prenuptial? Starting to look into this.
planner
What supercedes? Depends what happens!  Death is absolutely a will.  Divorce is a prenup!
DRVisitor
I mean if you have both and they are different. You die and what happens?
planner
If you die the will is in force. A dead person has no divorce thus no prenup.  Whatever happens first!
sberger50
Very interesting theory of the DNA case!  I talked to an attorney friend in the US, and his first reaction is that the child that is not the deceased child would be out of luck for inheritance if proven.  One caveat is that if the will specifically names the children, then the non-biological child would probably be included.  It may take a court decision, even with that. 
planner
Most lawyers in USA have NO idea about law here. It is very very  different! 
DominicanadaMike
I agree with Planner, the law here is very very different.  Whoever has the most money to pay off the Judge wins!
Guest13265987
@dominicanadaMike, that is not really true is it? DR is not lawless :) Of course it is the law that decides and not the money.

There are a number of great lawyers in DR that can help and as Planner is saying, the law differs from country to country. So make sure you find a good lawyer that speaks English to help if you are not a Spanish speaker.
planner
So  to clarify,  not only is it  "different" it is based on  completely  different premises. 

The law in DR is based on Napoleanic code NOT on civil law as many many other countries are.  We are similar to  France,  Quebec and a few other places.   Unless an outside lawyer is versed on this type of law  they have NO idea what they are talking about. Any assumptions made about  how it is there so it must be similar in DR will be wrong. Many DR lawyers go and study in France! 

And then add on top of that  corruption, knowing how things actually work etc!
DominicanadaMike
Tomas...if you have to ask then you have been lucky enough to avoid the legal system here.  I hope you stay safe...

One very different aspect here is the lack of a jury.  First level court, has 1 Judge,  2nd level court has 2 Judges, Supreme court has 12 Judges... no jury.  No one to stand for the people.
DRVisitor
Are the judges appointed for life? Terms?
planner
Good question!  I know many are political appointments but not sure for how long.
DominicanadaMike
Not sure but I am involved in one case for 6 years, same Judge.
Tippj

@planner there’s a lot of lawyers here that don’t know the law here ……🤣😂🤣

AlaPlaya
So  to clarify,  not only is it  "different" it is based on  completely  different premises. 

The law in DR is based on Napoleanic code NOT on civil law as many many other countries are.  We are similar to  France,  Quebec and a few other places.   Unless an outside lawyer is versed on this type of law  they have NO idea what they are talking about. Any assumptions made about  how it is there so it must be similar in DR will be wrong. Many DR lawyers go and study in France! 

And then add on top of that  corruption, knowing how things actually work etc!
- @planner
A legal system based on Napoleanic Code is civil law...I think you meant to say the Dominican Republic does not have a common law system.
planner
All true Tippj.  All true.

Here is what I found out about judges:

Judges are first and foremost a career path.  So first they go to  law school and graduate and then go onto the career path of a judge.   They compete for various jobs in the lower courts as judges. I assume they get promoted etc on this career path.

There are "competitions"  for higher positions for those who are "qualified" but the reality is they are political appointments for the most part.

Constitutional judges are appointed. 

Interesting learning exercise for me.   This government is  working to  find out and remove corruption. I am told this extends to the judiciary as well!   I have personal experience of judges and lawyers being bought off. It is not unusual at all.  Lets hope all of this is on their agenda.
planner
AlaPlay - yes thank you!
Mvilla50
@DRVisitor

A pre-nuptial is a pre-nup.....was signed before marriage and before the person dies.....you can have a will written but if you are going to get marry.....you want to protect your property.
Do I make any sense here....???
Tippj
All true Tippj.  All true.

Here is what I found out about judges:

Judges are first and foremost a career path.  So first they go to  law school and graduate and then go onto the career path of a judge.   They compete for various jobs in the lower courts as judges. I assume they get promoted etc on this career path.

There are "competitions"  for higher positions for those who are "qualified" but the reality is they are political appointments for the most part.

Constitutional judges are appointed. 

Interesting learning exercise for me.   This government is  working to  find out and remove corruption. I am told this extends to the judiciary as well!   I have personal experience of judges and lawyers being bought off. It is not unusual at all.  Lets hope all of this is on their agenda.
- @planner………..

Yes it’s the same in the states a lot of times they are appointed by the mayor because the political party says what a good guy the person is to us an d he has the same moral values as us ….. and then they can run in a  city wide elections in 4 years and usually the incumbent wins ,  or the Governor appoints someone to a state judgeship or state Supreme Court position……. Or the  President appoints all federal judge  positions and can only nominate a Supreme Court Justice. ……..it’s all political no matter what country
Karin1
@planner


Very interesting, there are no juries in this country?   I would like to learn more about "Napoleonic " law.  Is this law documented in digital format?   I assume judges all over the country need to access to these books, as well as the lawyers. 

Of course it would be in Spanish but there are tools that can take scanned material and OCR it (so the images can be converted to text and then you can translate it to English) if necessary.  I ask because I noticed the following...

Whenever I sign some legal paper here (multiple copies of the same document) they always state it will be notarized (and you have to pay for it).  That bugs me so I always cross that out but they always refuse to accept that.  I would not receive my copy unless I paid for it.  Someone always prepares the paperwork, and gets both parties to sign it at different times and places, and then brings it to the notary who then stamps it and certifies it.   For example, this happened when I signed the apartment lease.  I think the owner of the apartment should pay for this, not the tenant, or at least, both parties should split the cost.

The  lawyer who does the notary, always swears its been done in front of the parties mentioned,  They put their stamp and signature on all copies and then we are eventually given one (only if you pay them first).  Its has NEVER  been done INFRONT OF ME OR THE OTHER PARTY.   But the notary claims both parties signed in front of him.  Its not true, yet they claim it is. The officer of the court lies.   I just cant believe they do that. 


planner
What you are talking about is common.   Its not  completely legal, but it is common!

Notarizing is the way its done.  Period.  Its the law.

Paying for it - well depends  who is trying to get it paid for. If they think you will then thats what they will say!  AND they will charge what they think you will pay!

It is not legal for  a document to be notarized by anyone who did not witness the actual signatures.

I understand your concern about not getting your copy till paid for and legalized.  I  sign a document, TAKE A PHOTO for my records, then let it out of my  possession.   Once legalized I get my copy and I compare the two!

Documentation of the law  is all over the internet. You will have to do some google searches but its all there. For example I have downloaded and translated the entire labor code!   I have others as well.

On top of the law as it is written is the interpretation and enforcement. Totally different animals.
Karin1
Yes interpretation of the law can be subjective and how persuasive the argument is and yes. If you sign something you do not agree, then your to blame.

This is abit off topic to this thread about inhertitance,  its about notorizing things which makes them legal contracts.  That makes sense.

My point is that the person who notorizes the documents seems to lie about it (without a second thought) by saying he witnessed the signatures when they occurred, because they were done in front of him/her.  He watched all parties sign it.  But he did not.  That makes it a lie and illegal!  And in my opinion the documents are not legal because they lied about this and swear it is true.   Someone could have held a gun to my head and made me do it and yet he says he saw me sign it.

Its just seems common practice.  The other day someone said, we will both sign the papers but we only get these papers notorized if we need to (ie, there is a problem).  What, so 6 months later, you get someone to notorize it saying it was done 6 months earlier!  Its a total disrespect for the law and its integrity.  1f625.svg
DominicanadaMike
Karin, It is what it is.  I don't disagree but I found that you can do anything and its ok until someone challenges it.  They love to create court cases.  It means more money...

As for the rental agreement being notarized, try putting yourself in the owner's shoes.  If the owner has to pay for the notary separately then they will just roll that cost into your rent anyways.  Either way the renter should pay.  If you are going to run a business then that is part of your calculation for a rental price.  If you think you are getting double whacked ask for a lower rental amount.
stealth19
Civil Code of the Dominican Republic above coul be translated with Google translator.
DRVisitor
@Mvilla50

Say you have a will before marriage and prenuptiial but never update your will. You pass - and say your will says property a is left to person a but prenuptial does not mention it or something different.
Karin1
Yes I always try to walk a mile in someone else's shoes.  I sometimes get into alot of trouble doing that!   
I too have tenants (in Canada) so I am a landlord.  It is mutually beneficial for the landlord and the tenant to be protected.

The cost for having my rental agreement notorized was only $2000 pesos.  That is not going to make a dent on my $800 a month rent.  My point is the blatant disrespect for the law by someone who is not supposed to do that. He is intrusted to uphold the law and he knows it. This bugs me, because these people are role models, and if they cant do it, how do we expect the others to do it?  Its not the money, its the integrity.  Enough said.

Enjoy this song about walking a mile in someone's shoes.
I like acoustic guitar.  This is from a band called Everlast.
https://www.youtube.com/watch?v=uUORUtHRjts


planner
Karin1 sadly disrespect for the law is absolutely common place honey. 

All we can do is try to be good examples. Anything else can make you nuts.

I understand your frustration though!

DRvisitor - if you have a prenup, marry, do not update your will - the prenup does NOT come into play!  Inheritance law comes into play!  Prenup ONLY applies in case of divorce, nothing else!
DominicanadaMike
DRvisitor, if I understand you correctly you are wondering why if you have a pre-nup that does not give your wife any property why doesn't it come into play in a death in the DR.  The reason being, the inheritance law (which comes into play when there is a death) does not include spouses, thereby the pre-nup is out of the picture.  If you want your wife to inherit property upon your death, you need a will and I would suggest also, giving a power of attorney to someone you trust to execute the will so that it doesn't get tied up in red tape.  A good lawyer (not many of them in the DR) will get you through this.
ddmcghee
DRvisitor, if I understand you correctly you are wondering why if you have a pre-nup that does not give your wife any property why doesn't it come into play in a death in the DR.  The reason being, the inheritance law (which comes into play when there is a death) does not include spouses, thereby the pre-nup is out of the picture.  If you want your wife to inherit property upon your death, you need a will and I would suggest also, giving a power of attorney to someone you trust to execute the will so that it doesn't get tied up in red tape.  A good lawyer (not many of them in the DR) will get you through this.
- @DominicanadaMike

Mike - I thought the inheritance law here was pretty common sense. To include spouse first, then children, then parents/siblings. Are you saying without a will it skips the spouse and everything goes to the children?

BTW - we're in the process of creating Dominican wills for our assets here and I'll take your advice on getting a POA as well. We aren't doing anything unusual - everything goes to surviving spouse, with our son as the contingent beneficiary if we are both gone. One thing I found interesting is that assets have to be itemized (property, vehicles, bank accounts, furnishings, jewelry, etc.). You can't just say everything I own goes to my husband. Lishali Baez is handling this for us (809-860-1231)

Denise
planner
Yes get a will and POA!!!! Does not need to be expensive.

@dominicanmike you are incorrect. Legal and common law spouses ARE covered in inheritance law!
Tippj
Can someone give me the definition of a “ common law “ wife in the Dominican Republic……. Thanks
DominicanadaMike
Planner, Is that the inheritance law that you are speaking of or that fact that marriage constitutes 50% ownership. 

Therefore the other 50% owned by the person who has died is not part of the inheritance law.  This 50 % goes to children and then down the bloodline.  As I understand it.
DominicanadaMike
ddmcghee, I found that wills and POA's for death are not that well known in this country.  In my experience wills itemize all of your property and assets and then your POA is where you can cover the limits or limitless Power of your POA.

I hate these death issues as your property is constantly changing and to word master these 2 documents to be all encompassing is a real challenge.

Good luck.  Its a good topic and maybe with enough participation we will all learn a thing or two.
planner
Planner, Is that the inheritance law that you are speaking of or that fact that marriage constitutes 50% ownership. 

Therefore the other 50% owned by the person who has died is not part of the inheritance law.  This 50 % goes to children and then down the bloodline.  As I understand it.
- @DominicanadaMike

Marriage may or may not constitute  50% ownership. 

The other 50%, if that is the case,  is covered by inheritance law.  50% of that share goes to the spouse and the other is split amongst  the deceased parties children.

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