Ramon Olivencia, Esq.'s answer No. You need to now obtain a waiver or clearance from the PR Treasury Department by filing an Inheritance Form, also called an Estate Tax Form. Then, there needs to be the transfer of the property rights to the heirs via the Property Registry of PR.
Ramon Olivencia, Esq.'s answer In PR, children are considered to be "forced heirs". That is, for them to be "disinherited" in a will, there must be a specific valid reason under one of the causes provided by law. Make sure that this is done via a local attorney.
Ramon Olivencia, Esq.'s answer You could always have a Power of Attorney be prepared by a local attorney in PR, who will know what to include in such document. However, the POA will have to name a local representative to be present at the sale.
Ramon Olivencia, Esq.'s answer If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to several factors, including her age, life expectancy and number of children.
Ramon Olivencia, Esq.'s answer If that is the only property he has, it cannot be done unless he specifically disinherits your 2 sisters, making sure that it is due to the reasons stated by law. In Puerto Rico, the children are what is called "forced heirs", so their inheritance could only be voided as specified by law.
Ramon Olivencia, Esq.'s answer Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.
Ramon Olivencia, Esq.'s answer If the property was located it PR, a Declaration of Heirs has to be filed at the court system so that the "forced heirs" (i.e., the children of the deceased) can be officially declared as the heirs. Also, an Estate Tax Form ("Planilla de Caudal Relicto") has to be filed at the PR Treasury Dept to make sure that there were no taxes owed by the deceased. Finally, a property transfer has to be performed at the Property Registry. Due to the complexities of all these processes, it is highly...
Ramon Olivencia, Esq.'s answer Yes you can. However, given the complexity of inheritance laws, particularly if you don´t live here or you don´t speak Spanish, it is highly recommended that you hire a lawyer, one that perhaps won´t charge you up front. In the long run, you will realize that for the amount of work, details and tasks to be done, that this was the right thing to do.
Ramon Olivencia, Esq.'s answer It would need to be notarized in the US and sent to PR with a County Clerk’s Certificate of Notarial Authority attesting to the Notary Public's authorization for the date of the signing. Then a local attorney (a notary public) in PR would need to have it "protocolized", that is, to be made part of what we call it here the "Protocol", which is basically the attorneys' official collection of deeds. It's very important that the POA drafted be written in a way that the financial institution in...
Ramon Olivencia, Esq.'s answer It has to be done in writing through the court, via the Accounts Division, but it´s usually difficult to find someone who is English-speaking. However, a lawyer will be able to get the money in a relatively speedy manner. Feel free to contact us if you want this to be taken care of right away.
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.