Miami, FL asked in Family Law and Real Estate Law for Puerto Rico

Q: Good Morning! This question is concerning property in Puerto Rico. My father past away and stepmom lives in the house.

The land was transfered under my name and the small two bedroom home is divded in between stepmom and myself since im the only child. It has been 7 years my father has passed. Do i lose my privillages since i have not done anything with the property in Puerto Rico. My stepmom is stating that she is going to live in that house until she passes. That i have no rights since it has been 7 years that my dad passed.

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

A: First off, my condolences on your loss. Second, I’d need to know whether your father granted his Last Will & Testament before his passing. Assuming that he left his Will, we’d need to determine whether he left your stepmom the right to inhabit the house for life. Even under those circumstances, you’d still have a right to partial ownership under an estate community.

If no Will was granted, then, your participation in your late father’s estate would be equal to that of any other heir.

I’d require more information to counsel you further.

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