My m9ther passed away in march and im in fl and can not travel (due to Covid)or get a hold of her attorney down there to see if she had a Will. She was with me in Fl when she got sick and passed. I cant get anyone to speak with us until i find this out.
An attorney can place a search at the Registry of Wills of Puerto Rico to find out if your mother left a will on the island. It is highly recommended that it is done via an attorney since he/she will know how to go about through that process while making sure to include all the necessary requisites...Read more »
My father lived in Puerto Rico along with my 3 siblings. I live in New York. He recently passed away and I went to Puerto Rico to see if he had a will I received a notice from the court that there was no will. I know the next step would be to go to court and establish that I am an heir however I... Read more »
You can hire an attorney to do a real estate property search, via a title search study. As well, that same attorney could search within the local banks for any accounts left by your dad. In any case, you would have to do a Declaration of Heirs, via an attorney as well, so that the courts can...Read more »
My mom passed a away a few months ago. She owned a property in Puerto Rico that I would like to sell. She didn't create a will since I am her only heir. What steps do I need to take to sell the home. I live in Pennsylvania, so it's hard getting information. I do have the escritura, but... Read more »
Before an heir can sell a property, it is mandatory that the inheritance process has finished. Therefore, the first step is to hire an attorney who you can work with. Currently, there are a number of lawyers working remotely so being in the USA is not a problem. Here is a summary of the steps...Read more »
Hi CT. In order to first claim ownership of the property, the inheritance process has to be done, via an attorney. This includes several steps, in a nutshell: Declaration of Heirs (via the courts), filing of an Inheritance Estate Form (via the PR Treasury Department), transfer of ownership at the...Read more »
We went and saw the house several years ago and no one has lived in it since they passed away. It does however, have lots of damage. We live in the states and not in PR making it difficult to keep up with it. We would like to sell it. What are the steps, if it's not too late, to claim the... Read more »
You can still claim ownership but you should speed up since property taxes will accrue and you don´t want someone to occupy it since after a number of years they could later begin a process to transfer the title to their names.
First, you have to make sure that the inheritance paperwork was finished so that the house is officially under your name. This can take time and effort and should only be done by an attorney. If you were "left a house" then we would assume it was via a will, which has to be validated...Read more »
My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust
You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.
If the property is located in PR and his parents are no longer alive, and he did not leave a will, then the heir will be your mom but the inheritance process will have to be done in order for her to formally become the owner. If the property was his principal residence and he had obtained full...Read more »
You can designate someone via a Power of Attorney with the advice of a lawyer based in PR. As to the bank, they could wire the money or send a check, depending on their policies, or the designated representative can just mail it to you.
Our mother died, followed by stepfather, youngest 1/2 sibling has hinted he has attorney for inheritance who has filed and brother claims it is all his and other 1/2 siblings (step-father's children). He has not been forthcoming with any other info., nor has his attorney. I would like to... Read more »
There are 5 living children who inherited land from deceased parents. 4 of the kids are giving up their share. Are all the kids still responsible for the payment of property taxes whether or not the property is sold, or if the government takes control of the property and demolishes the house on... Read more »
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.
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.
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.
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...Read more »
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.
My sister is a widowed senior, owns a home in PR, wants to make arrangements for her siblings for the future according to the Puerto Rico laws & requirements/above documents, or Affidavits? Three living children, two live in NJ, one lives with her in the home in PR. Thank you. Any advice... Read more »
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.
My brother lives & owns the first floor of my deceased parents' home, but rents the 2nd floor, which was occupied by my parents before they died "intestate"; all the surviving siblings live in both PR and NJ. What steps are required to obtain legal ownership of the rental?... Read more »
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...Read more »
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