New Britain, CT asked in Consumer Law, Real Estate Law and Landlord - Tenant for Puerto Rico

Q: My uncle has passed away in PR. A female has been staying there rent free. The heirs want her to vacate. Please advise.

We dont want to create unnecessary duress for either parties.

2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
  • Landlord Tenant Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. The legal process to be followed is to first get your beloved Uncle's property registered under the Estate's name. Once the property is registered in the names of the Inheritors (Estate) then they will have to file an evictión procedure (Desahucio) with the Superior Court. This will put an end to the matter.

The entire process Will take about 45 days.

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

Ramon  Olivencia
Ramon Olivencia
  • San Juan, PR
  • Licensed in Puerto Rico

A: Hi CT. In order to first claim ownership of the property, the inheritance process has to be done, via an attorney. This includes several steps, in a nutshell: Declaration of Heirs (via the courts), filing of an Inheritance Estate Form (via the PR Treasury Department), transfer of ownership at the Property Registry and, finally, filing a change of ownership at the property tax agency (known as the "CRIM"). This should all be done quickly since property taxes will be accrued once the owner passes away, with interests and penalties added.

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