Brooklyn, NY asked in Real Estate Law for Puerto Rico

Q: if my dad creates a will in Puerto Rico and leaves his house to me is that the final say even though I have 2 other

Sisters? Or is there other steps that need to be taken so that the house is left to just me?

Related Topics:
2 Lawyer Answers

Ramon Olivencia, Esq.

  • San Juan, PR
  • Licensed in Puerto Rico

A: 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.

  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using JUSTIA. The only thing your father has to make sure of is that by law he must leave at least 30% of the total value of all his goods to his children. A testament is divided into three parts. The first part is known as the obligated part. This part has to be given to the obligated inheritors in your case all of his children. The second third is known as the enhancement part. This can be given to one particular inheritor such as one of his children, grandchildren, nephews, etc. The last third part is known as the free part since this can be given to any one even if they are not an inheritor. As long as the testament complies with these rules there is no problem in leaving you the property.

1 user found this answer helpful

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.