Manorville, NY asked in Real Estate Law for Puerto Rico

Q: My father passed away one week ago and has 1 to 3 properties in Puerto Rico.How can i find out what properties he owned?

my father had 6 children with my mother and 1 daughter with another woman.my father lived in Puerto Rico and so did his daughter from another woman the rest of us live in the states. he bought at least 1-2 houses in PR and we think the house she lives in is also in his name maybe both of there names.She told us not to worry about anything that she would handle things.Do all his children have a stake in his properties and properties with both there names and can she have his name taken off the property?Would she be able to sell any of the properties without our consent.Can she clean out his bank account?I do have a copy of his death certificate and his social security number.

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1 Lawyer Answer

A: Good afternoon and thank you for using JUSTIA. Once a person passes away all his assets are frozen. All his biological or adopted children are inheritors and thus have a stake in all his properties and assets known as the total estate. However the inheritos have to notify the death to all asset holders, thus if the bank has not been notified then she will be able at a bank atm card machine if she knows the passkeys then yes she would be able to take out upto $500.00 per day since the bank has not been told of the death. As for the houses, you can do a property search in the property registry office system. No one will be able to sell the properties until proper probate is done and an estate is created. However she can always leave the other members out of the probate ilegally and thus create legal havoc for all by selling the properties and keeping the proceeds. She will have to eventually pay all inheritors thier shares but it is better to do the right thing from the start and avoid havoc.

My suggestion is for all of the inheritors to take part in the entire probate process and once finalyzed the argue about credits and values of the estate. The entire process would cost each inheritor individually around $ 300.00 for the probate. Taxes and costs of registry of pro0erty are aditional but payable from the liquidation of the estate. Feel free to call me if you need more information or my help in any way.

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