Tampa, FL asked in Probate and Estate Planning for Puerto Rico

Q: My mother passed away 1 year ago and has property in Puerto Rico. I live in the US . What steps do I need for inheritan

My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust

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3 Lawyer Answers
Ramon Olivencia, Esq.
Ramon Olivencia, Esq.
Answered
  • Estate Planning Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.

Nelson Jose Francisco Alvarez-Aponte
  • Estate Planning Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. You do not need to be in Puerto Rico but will need an Attorney in Puerto Rico to handle this matter on your behalf.

An Estate for your Mother has to be created if she did not leave a Testament. For this you will need your birth certificate and that of your brother, your Mother's death certificate and your Father's marriage certificate to your Mother. Once created and with the court resolution an inheritance tax form is filed on behalf of the Estate. A tax released is issued and then the property is registered in the names of all the inheritors (the members of your Mother' s Estate).

In the event that your Mother did leave a Testament, then a Probate process needs to done. This includes the reading of the Testament, filling the inheritance tax form and registering the property under the inheritor's names.

The entire cost of these legal processes are $ 1,500.00.

If you need further assistance in this matter please feel free to contact me directly.

Jose M. Rivera Santos
Jose M. Rivera Santos
Answered
  • Probate Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: Yes, you can do it from the USA. But is highly recommendable that you have an attorney based in Puerto Rico to handle this because it's part of an estate and you have other parties of interest that will inquire about it and maybe promote a civil action for an inheritance partition if needed be. If your mother left a will and testament, assets left will be divided in equal between your dad and you other siblings. if you have any other questions, feel free to contact us. We will be glad to be at your service.

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