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?

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2 Lawyer Answers

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.

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.

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