Q: Can a Quitclaim deed made in Florida be valid in Puerto Rico?
Hello my wife's mother, aunt and uncle all inherited a house from there father when he passed away in mid 1994, this is all documented through the courts in Puerto Rico. My mother in law was living in the house but is not living in a nursing facility. the three siblings want nothing to do with the house. they want to sell the house but no one want to do all the leg work. can I have them do a quitclaim deed giving the house to her oldest daughter so she can sell the house and distribute the money throughout all the 3 siblings grand kids, which this is what they want to do. your assistance and guidance in this matter is apricated. Regards
A: Hello and thank you for using Justia. A Quitclaim will not be legal in Puerto Rico since our laws do not recognize this document for transfer of property.
The legal way to do what the siblings and your wife want to do is as follows;
1) At this moment the title of the property (ownership) should be in the name of your Mother in law and her siblings un fifty percent with the other fifty percent in the name of your wife's Grandmother. You will need to verify if the property was personal or marital.
2) Once the Court has issued the Resolution declaring the inheritors, you Will need to file a Inheritance tax return requesting a tax release . With this tax you Will then have the property registered in the names of the siblings and thier Mother.
3) The siblings and your wife will then proceeds to issue Power of Attorney to a third party (not a sibling nor your wife. Must be someone other than an owner of said property.) authorizing the holders of the POA to sign the sale of the property. The holder can be just one person for all three. Your wife's Mother needs to have mental capability to sign the POA or sales document.
4) If your Mother in law is mentally incapable then you will need Court authorization for her participation.
5) If the property registered is marital the your wife's Grandmother has to be dealt with either by Probate (if deceased) or by POA if mentally capable.
As you can see the process is complicated. You should hire an Attorney to do all the legal works.
If you need additional information please feel free to contact me directly.
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