Asked in Real Estate Law and Probate for Puerto Rico

Q: Change the name of the mother deceased to the only surviving daughter?

She is the only daughter alive, never married or has children. Does she need permission from her nephew or nieces to change the name on the deed. Her mother never made a will

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1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Probate Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then have to create the deceased member of thier grandmother's estate inorder to represent said member as part of said estate. Each estate will need to file an inheritance tax return and when a tax release is issued then they will register each estate in the Property registry office thus the property will now be registered in the name of the surviving daughter in her own right and the nephews/nieces as representatives of the original inheritors now deceased. After all this is done then you can liquidate the estate.

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