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
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.
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.
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.
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.