Q: Uncle passed away and had no children. Only surviving relative is my mom. Is she the owner of his property now?
No known will is in place. And we don't know if annual taxes have been paid on property.
A: If the property is located in PR and his parents are no longer alive, and he did not leave a will, then the heir will be your mom but the inheritance process will have to be done in order for her to formally become the owner. If the property was his principal residence and he had obtained full property tax exemption, then we could assume that there were no taxes owed until after his passing away.
A: Hello and thank you for using JUSTIA. The process of Inheritance in Puerto Rico is as follows;
First a search for a Testament is done in the Wills and Testament office. If one is found then the Probate of said document will be done. If no Testament is found then your uncle's property will be inherited by all of his siblings regardless of whom is alive. If any siblings have passed away prior to your uncle then his nephews and nieces also are inheritors along with your Mother. Thus your maternal cousins will also become part of the inheritors of your uncle's property. The process needed to be done in this matter is known as a Declaration of Inheritors and this will create your uncle's Estate. You will need an original copy of all the birth certificates of his siblings and nephews/nieces, original death certificates of your uncle, his parents and siblings. Once the Estate is created you will then need to file an Inheritance tax return for release. Once the tax release is issued you then will need to register the property in the name of the members of the Estate. The next step is to liquidate the Estate thus the inheritors will receive thier share of the inheritance. The legal costs of this process is about an average of $ 1,500.00.
As for Property taxes, this would Depend on if your uncle had an exemption or not. That can be certified by a search of CRIM records(Centro de Recaudaciones de Ingresos Municipales) on line.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.