Deltona, FL asked in Real Estate Law for Puerto Rico

Q: Hi, My Brother passed away a year ago. He owned a house in Aguadilla, PR that was paid in full.

Before my brother passed away a year ago he made a will had it witnessed and notarized in his county of residence in FL. In the will he left equal parts of the house enherited to his mother, his niece and his only daughter. His life insurance and bank accounts were left 100% to his mother. How can we enforce this will? Can the daughter be bought out the house by paying her the third of the house value? What process we need to follow?

Thank you for any information that you could provide.

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

A: Hello and thank you for using Justia. Under Puerto Rico Inheritance Laws, one-third of all belongings are reserved for the children. Thus the Testament (Will) made in Florida would not be a legal document in Puerto Rico since it violates the Inheritance Laws of Puerto Rico. Thus under local Law, your beloved brother passed on intestated (without a Will). This now forces the sole Inheritor (daughter) to create an Estate and Probate the Declaration of Inheritors in the Courts of Puerto Rico. All belongings in Puerto Rico are inherited by the daughter only.

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

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