Lawyers, Answer Questions  & Get Points Log In
Puerto Rico Probate Questions & Answers
1 Answer | Asked in Probate for Puerto Rico on
Q: The lawyer in Puerto Rico has stated that the Island Gov't. will take 20% of the funds for taxes. I am on S.S.Disability

I pay no taxes in the states. Will that make any difference on the 20% Tax?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

At this time, Puerto Rico does not have an inheritance tax. Nevertheless, if an heir residing in the states sells his/her share in a real estate property located in Puerto Rico, the proceeds of the sale are subject to a 15%-20% retention pursuant to the Puerto Rico Tax Code, so as to force the... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: My father's will/estate has been settled in Puerto Rico and we all know what we're recieving, but the lawyer said I

Have to travel to the island to get my funds. Is this correct?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

As a rule, banks prefer to personally deliver in hand checks to each of the heirs, unless an heir living abroad grants a special power of attorney authorizing someone else to physically appear to collect the funds. If you already have an attorney working the case and you cannot travel to Puerto... Read more »

2 Answers | Asked in Probate for Puerto Rico on
Q: I live in Tennessee as did my father when he passed away in 2020. He owned a residence in Puerto Rico and a will distrib

Assets. Do I have to go to Puerto Rico to receive my money?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

Certain steps must first be addressed before determining who can collect.

With a copy of your late father's death certificate, a certification of Will must be procured from the Puerto Rico Office of Notary Inspections (I'm assuming that his Will was signed and subscribed in Puerto...
Read more »

View More Answers

2 Answers | Asked in Probate for Puerto Rico on
Q: I live in Tennessee as did my father when he passed away in 2020. He owned a residence in Puerto Rico and a will distrib

Assets. Do I have to go to Puerto Rico to receive my money?

Ramon  Olivencia
Ramon Olivencia
answered on Nov 17, 2022

No, you don´t have to come to PR to receive your money. Instead, you need to hire a Puerto Rico probate or inheritance attorney to do all the paperwork for you.

View More Answers

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: A family member mention that there was some money and it was posted in the newspaper, where do I start?

Mayaquez, PR is where my grandfather resided . Not getting much help from that side of family, was born in the US so not very close to them.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2022

When a close relative dies, such as the case of your grandfather, the first thing that needs to be done is whether the deceased died having left a Will or not. If no Will exists, a Declaration of Heirs must be petitioned from the Puerto Rico court. Depending on when your grandfather died, the court... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2022

I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to... Read more »

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Is my dad’s second wife entitled to half the house he owned in Rincon, PR?

My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 14, 2022

A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: Under Puerto Rico inheritance laws do all heirs have to be present to collect their inheritance money from the bank
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 15, 2022

You need to repost your question under the Puerto Rico section not NJ as you have to have a chance of getting the right answer as here you will only get NJ lawyers and most don't know Puerto Rican law.

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Do I need to retain a lawyer to go before a court to address the matter of affiliation? before confirming a declaration

of heirs? Or is it as simple as just walking in? Can you recommend a lawyer in Isabela?

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Sep 14, 2022

Greetings:

It depends on whether the matter turns adversarial, if there are discrepancies or concerns the court might recommend it.

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: If both myself and (apparent) sister go before the court for the declaration of heirs, we will both be required to show

a birth certificate, but the apparent sister doesn’t have a birth certificate with my father listed as her father nor does she have DNA results to prove a legal relationship. So what can she do to be eligible to receive my father’s inheritance? Can her and I perform a sibling dna test? Will... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

The test results only present a probability of kinship between 2 sisters, especially when related by only one parent. Photo comparison with grandparents and other relatives also help. How and under what circumstances DID your father recognize her as his daughter?

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father died in 2021. His known descendant is me (his biological daughter). However, he claimed another young

lady as his daughter too, that I don’t think is biologically his. Will this young lady have to provide proof that she is indeed an offspring of my father’s to inherit a portion of his estate?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

You don’t state what form did your dad’s recognition of your (apparent) sister take. If your dad recognized her as his legal daughter in a Last Will & Testament, she would only need to provide proof of identity. With no Will, you’d both need to go before the court for a Declaration of... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My grandmother is 94y old, of sound mind, PR resident. What is the average cost of drafting & filing a Living Will?

She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.

At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 18, 2022

Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.

1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: My grandfather passed away in Puerto Rico and left money in a account. How does does 1 child become sole beneficiary?

Moving this over somewhere else. Sorry

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 16, 2022

This is not a Family Law question and is not in New York. This should be posted in the estates catagory and in Puerto Rico.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Puerto Rico on
Q: how do I get a copy of my grandfather's will in puerto rico

he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 25, 2022

I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: What is the correct jurisdiction for a probate case with a house that is located in Puerto Rico?

I have my stepdad will which was created in 1994. He resided in Florida at that time. He passed away in 2007 in Puerto Rico. He did not have any children on his own. He was married to my mom and she also passed away in 2012. The asset in question is a house located in Puerto Rico. I was told by the... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 21, 2022

Puerto Rico courts have jurisdiction, since your dad left an estate in Puerto Rico. The same holds true for your mom's estate, assuming that the real estate property you write off was jointly acquired by both of your parents. Your dad's will, if you have the original, may be eligible to... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: How are estate expenses with 5 heirs with different inheritances from the will. Proportional to $ received or equal div?

The will left everything to 1 person, who is deceased, their 3 kids are heirs. The deceased had a brother and sister who were not in will but are being allocated 1/9th each of the estate value (1/3 of 1/3 forced heir dispost). 5 heirs are using 1 attorney and 1 heir has their own. The question is... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

If the deceased left is entire estate to one person who is - I assume - a sibling, I take it to mean that the deceased died without a spouse, without descendants, and without living parents. The way you describe the proposed distribution, it seems that the deceased granted his/her Last Will &... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: My mom wants to gift her PR home to me (her only heir). What tax/other issues should I be aware of?

My mother is a PR resident (I am not), and wants to gift her home to me before she remarries or dies. She also said she may want to still live in the home after she gifts it to me. She said she would gift the title, but still have it enscribed in her name. I want to accept her kind gift, but I am... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

First off, unless your mother donates the property to you by way of a deed the Property Registry would still register the real estate in her name. Once she transfers the property in fee simple to you, it needs to be inscribed in your name by filing a certified copy of the donation deed and of your... Read more »

1 Answer | Asked in Probate and Real Estate Law for Puerto Rico on
Q: They purchased 10 acres, My father did not have a will. Co-owner has shown a copy of my father’s death certificate.

They purchased a 10 acre plot of land. The co-owner sold the land without consulting my mother and kept all the profits. My father did not have a will. Before my father death he gave me the legal documents of the property in question, and found out the co-owner has shown my father’s death... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

If your father left no will, a declaration of heirs should've been petitioned before the courts. I would highly recommend procuring an in-depth title study of that property and procure the scanned historic foils (pages) of that property, to research how it got sold. I would need to review the... Read more »

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Can a property that is co-owned and one of the owners pass away be sold without consulting the deceased family?

After my father’s death in 2001, five months later his friend decided to sell the property without notifying our family, but many years later 2022 we noticed that was done. Is there’s any advice to pursuing this or is to late? This happened in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

I'm assuming that your argument implies that said property (whether real estate or not) belonged in life to your late father; and that the sale was somehow illicit. Without additional information, it is difficult to address your question. If the property you speak of is real estate, you could... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.