Building the structure is not the issue. Your would not be able to file ownership of the structure, so long as probate procedures have not been completed. No one can assume or transfer a right that they do not personally possess. Allow me to elaborate.

Upon a person's passing -... Read more »

Your description contains confusing information about the multiple steps required for an inheritance to be correctly transferred to the heirs. Given the specialized nature of estate law in Puerto Rico, hiring an attorney to do this for you is highly recommended. If everything is correct, a licensed... Read more »

Ownership of the property can be established by requesting a registry certification from the Puerto Rico Property Registry (Registro de la Propiedad) with copy of the scanned foils that shows the historical tract of the real estate property. You can physically visit the Registry located in the... Read more »

Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... Read more »

You need to start with the land plot from whence the other lands were segregated. When plots are segregated from a source land plot, the Registrar annotates the new plot ("finca") numbers as entries to its historical tract. When a land plot is lotified, but not yet segregated, a plot plan... Read more »

To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... Read more »

If the cadaster number is the same, it probably means that, at most, the land may have been lotified (i.e., outlined lots) but has not been segregated. Assuming that your late father was the sole owner of the land (was he single at the time of his death?), and assuming that you have a declaration... Read more »

The probate process in Puerto Rico begins by procuring the death certificates of bith parents. Did they die in Puerto Rico or abroad? If the latter, you'll need to provide these. With the death certificates on hand, requests are made to the Office of Notary Inspections to determine whether... Read more »

In Puerto Rico, you'll need more than an affidavit for your dad to sell what is an hereditary estate community. Both you and your brother must subscribe a power of attorney deed, empowering your dad (as your agent) to sell the real estate property, which must be clearly identified in the power... Read more »

Property taxes on an hereditary estate are the responsibility of all of the heirs, not just one of them. Any one of you can pay the CRIM taxes. At the time of dividing the estate, the heir that paid the taxes may recover the portions of said payment that should've been paid by the other heirs.

Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... Read more »

I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... Read more »

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... Read more »

Regardless of whom your selling your participation to, the Puerto Rico Notary Law requires a notary to identify the personal circumstances of each person who appear before him/her to subscribe a deed or sworn statement. Each person must demostrate that he/she is of legal age, and provide the... Read more »

The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. If your niece does not want to sell, you can take her to court in an estate liquidation lawsuit. Your mom and the other heirs would be the plaintiffs. Your niece would be the defendant. If she does not... Read more »

That "resolution" you mention must be examined to ensure precisely what it entails. In general, however, the process to relinquish or renounce an inheritance will depend on the year of the passing, given that there is a new recent Civil Code in effect. For instance, if the passing was... Read more »

Normal sales option contracts require that a buyer provide an option to take the proposed real estate off the market during the sales term. You may not have received money, but the realtor may have received an option deposit to be kept in an escrow account until the sales deed is signed by the... Read more »

First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After... Read more »

In general terms, you should start by procuring either a Title Study or a Registry Certification from the Property Registry, to certify that you appear as owner of the real estate property. Next, you need to retain the professional services of a civil engineer, who'll prepare a plot plan... Read more »

As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... Read more »