Orlando, FL asked in Real Estate Law and Probate for Puerto Rico

Q: Puerto Rico inheritance question--succession of heirs and distribution of real property.

My sister has dementia and will pass shortly; in total, we are 5 siblings. She does not have a will/testament, nor does she have a surviving spouse or children. There is however, an estranged grandchild that lives somewhere on the island. Is the grandchild first in line for distribution of her property when she passes? Will the commonwealth publish the notice of death and allow time for the grandchild to claim her real property? If the grandchild does not claim the property, do the siblings then become the forced heirs?

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

A: Hello and thank you for using JUSTIA. No the Court will not do anything. If the grandchild never claims his inheritance then it is Lost. The siblings become inheritors only when your sister has no remaining inheritors (greatgrandchildren.) If no inheritor claims then the Government of Puerto Rico will eventually become owner of said property. What can be done is for a siblings to love said property for 30 years and thus by way of squaters rights become the legal owner.

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