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

Q: Hello, My dad passed away 2009, him and my mom did not have a will.I have 1 older sister married no kids,

I am married and have 3children and they are the only grandchildren of my parents. I want

To fix the house and live in it.

Do I have to do anything legally? I was told by my aunts and uncles I could live and fix my dads house.

It has been abondkanded by my mom for the last 11 years.

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

A: Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to file the Inheritance Tax Return and await a Tax Release. With the Tax Release you will need to register the the Estates at the Property Registry Department. Now the Property will be in the Inheritor's names, your sister and yourself.

Once this has been done, you will need to buy out your sister and repeat the Registry process of the Property thus finally becoming registered in your name only.

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

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