Santa Barbara, CA asked in Estate Planning, Tax Law and Probate for Puerto Rico

Q: mom died in PR now my brother is ordering me to give him my inheritance portion prior to distribution w/o documentation

I am being ordered to fly from California to NY to sign documents and turn over my portion of the inheritance to him/them. I have asked for documentation repeatedly and he refuses to give me anything not even verbal information about the matter and now he is threatening to abandoned my father, not his, “to charity” who’s also happens to be an heir and resides in a nursing home in PR if I don’t comply with his demands. He has also stated he will throw away the check and/or make sure I get nothing if I attempt to protect my rights legally by draining the trust money so there would be nothing left for me. My brother has clearly stated his malevolent intentions that he says my other siblings also heirs agree with and he’s done this all in writing through messenger.

1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • Probate Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: First off, blackmailing you into resigning your inheritance is illegal. If your siblings have denied you access to documentation pertaining to your mother's estate (assuming that she died in Puerto Rico), you have the right to request said documents through the Puerto Rico Courts, by way if an Inheritance Petition and Partition lawsuit, to break up and allot the hereditary community that you currently share with your siblings. When did your mother die? Where did she die? Did she leave an estate in Puerto Rico?

As to the matter of your father's sustenance, I need further information to counsel you there. Who pays for his nursing home expenses? Who is your father's closest relatives in Puerto Rico? Why do your siblings believe they are in a position to "abandon" your father? Which, by the way, if they have a mind to do so, they'll do regardless of whether or not you give up your mother's inheritance.

You may email me should you have some of these answers and further questions

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