Bronx, NY asked in Estate Planning and Real Estate Law for Puerto Rico

Q: My husband is buying a property in Puerto Rico which he will put under an established Real Estate LLC which he owns.

If he passes, is this considered community property under our marriage? What kind of will does he have to make to make sure that I receive at least 50 percent of the value of the property? Would it have to be a will from Puerto Rico or will a US will be enough?

1 Lawyer Answer

Nelson Jose Francisco Alvarez-Aponte

  • Estate Planning Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using JUSTIA. An LLC corporación is one which does not have stock holders but rather administrators of the corporation. If the purchase is made with money from the marital community then the marital community is the administrator of the LLC and you would be administrator of 50% of the percentage of your husband in the LLC. A wife is not an inheritor unless the deceased husband has no living children or parents. Thus in answer to your question if your husband at his time of death has surviving children or parents they are the inheritors of your husband's share. You as part of the marital society are the co-administrator of the LLC and thus would reciente 50% of the value of your husband's administrative percentage in the LLC.

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