Somerset, NJ asked in Real Estate Law for Puerto Rico

Q: How can my bother in PR obtain "legal ownership" of the property portion he rents out (it was my deceased parents' home?

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 certified Paralegal/Notary, but not sure what to do from my end to help. Thank you.

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2 Lawyer Answers
Ramon  Olivencia
Ramon Olivencia
Answered
  • San Juan, PR
  • Licensed in Puerto Rico

A: 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 recommended that an attorney is hired to take care of all of this.

Ramon  Olivencia
Ramon Olivencia
Answered
  • San Juan, PR
  • Licensed in Puerto Rico

A: 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. In

addition, a property transfer has to be performed at the Property

Registry. These are some of the steps that have to be taken. Due to the

complexities of all these processes, it is highly recommended that an

attorney is hired to take care of all of this.

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