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 house... 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 according to...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 confirm... 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 several factors, including...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 would be... 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? I'm a NJ State Board... 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 PR Treasury Dept to...Read more »
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...Read more »
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...Read more »
My mother passed away in 2010. The lawyer that represented both my sisters is unable to help me because he represented them. My sisters and I have no contact at all and the money was divided by the courts in Bayamon, PR. I need to know which division within the court I should contact, as I have... Read more »
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.
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