Asked in Elder Law, Probate and Estate Planning for Puerto Rico

Q: My dad past away in Puerto Rico. He had joint ownership of their home and bank accounts with my mom. My mom seemed leg

Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of her money. Because of her age and not having knowledge of her rights I believe this atty is not looking out for my mom’s best interest. I am fearful that mom has been scammed of all her monies. Please help me help her

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

A: Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will create a tax release document. With said document the Estate can be liquidated, real property can be registered in the name of the inheritors and your Mother can then get her share of the marital belongings (half of the property and monies)

and her quota as the widow. (Cuota viudal)

As for the check given to the other Attorney that was in the names of the marital society ( both mom' s & dad' s names) said check is not negociable since the account by law becomes frozen the day your beloved Father passed on. There is nothing the Attorney can legally do to scam your Mother out of her share.

All you need to do is get a new Attorney to do the legal process and thus you will receive your inheritance.

If you need additional information please feel free to contact me directly.

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.