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| Betsy Vázquez de Rincón |
Helping Cuban citizens through difficult situations related to the U.S. Cuban embargo can be challenging, yet very rewarding for an attorney. Third-year St. Thomas Law student, Betsy Vázquez de Rincón, learned the reality of this, first-hand, while traveling to Cuba with Elder Law Adjunct Professor and attorney Enrique Zamora recently.
The trip was coordinated in conjunction with the law school’s Elder Law Society, of which Zamora serves as the faculty adviser. Through Professor Zamora’s eyes and his 22 years of experience legally representing Cuban heirs with interests in the estates of decedents in the United States, Betsy described the trip as unforgettable.
The four-person legal team consisted of Cuban-American attorneys, Enrique Zamora, Manny Hillman, Yaniel Cantelar and law student, Betsy Vázquez de Rincón. They would be working with Bufete Internacional – a law firm authorized to work with foreign attorneys on legal matters including probate.
On the first day, at the break of dawn, the Cuban heirs were already scattered outside of the Bufete building. As these families lined up, they had a look on their faces as if they were searching for a glimmer of hope. That glimmer of hope was the experienced team of attorneys working in conjunction with the Bufete’s in-house staff and its team of legal professionals. Everyone was eager to find solutions to these cases. What started as a list of 18 cases, quickly broadened into 35 cases by the end of the day.
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| Betsy Vázquez de Rincón, Professor Enrique Zamora, and Cuban Attorney, Manuel L. Notario-Robledo, |
The cases typically involved money, estates, jewels, insurance policies and stocks that belonged to Cubans who lived in the United States, and whose heirs in Cuba could not easily receive because of the embargo regulations. At times there were disappointments because nothing could be legally done. Simply put, the law is the law. However, more often than not there were happy endings and sometimes even tears of joy.
The Cuban heirs would receive their money by way of periodic remittances made through Western Union. The Cuban Assets Control Regulations restricted remittances for Cuban nationals. However, in September 2009, President Barack Obama softened the restrictions to Cuban nationals, including those with Cuban Blocked Accounts (“CBA”) pursuant to an inheritance.
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| Cuban heirs waiting to complete paperwork for inheritance disbursement |
As the policy now stands, if a CBA owner is a Cuban national residing in Cuba and can demonstrate that they are a “close relative” of the decedent from whom they inherited funds, as defined under the regulations, then they qualify for an unlimited amount of remittance. . The definition of “close relative” is limited to the individual being related by blood, marriage, or adoption and no more than three generations removed from the deceased or from a common ancestor. There are other requirements which must also be met under the regulations.
“I glanced over to Professor Zamora and saw a twinkle in his eyes as he spoke to the clients knowing how rewarding it is for him to help others in need,” she recalled. “Right then and there I knew how what my mission in life was to be.”
The St. Thomas University Elder Law Society was established to create and promote opportunities for St. Thomas University law students through events and other activities aimed at training our students to thoroughly address the complex legal needs of a growing elder population.
