Q: What are my rights for forced heirs in Puerto Rico?
My dad died in 2002 in Pennsylvania. He was born in Puerto Rico and when he died, him and his sisters inherited their fathers land. Three years ago, my sister and I found out that we were his forced heirs to this land. My dad's siblings, (3 brothers, and 4 sisters), sold the land without declaring my sister and I forced heirs to the land? They also cut off contact with us and refuse to call us family. I want to seek legal action against my father's siblings and have all the necessary information to do so, but do not know where to start. I also need to know what kind of trouble they are in, if any.
A: Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico to claim your rights to your inheritance as representatives of your father. First you will have to file a declaration of inheritors for your father's estate. Once you receive the court resolution declaring you the inheritors you will simultaniously file against the inheritors of your grandparents and file your father's inheritance tax forms. Your uncles and aunts have to pay you your share of the inheritance. This will only occur by filing suit against them. You and your sister have a right to share one-eighth of the total sale price of your grandparent's land sold. You can also claim the legal costs that you pay in relations to the claim for your grandparent's inheritance. Your legal costs will be $ 3,000.00 total of which half can be claimed against your uncles and aunts.
As for the second part of your questions, They can be in contempt of court since the petition of inheritors is a sworn declaration submitted to the court. There are no other legal problems for them other than having to pay your legal fees for said claim.
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