Owings Mills, MD asked in Real Estate Law, Arbitration / Mediation Law and Probate for Puerto Rico

Q: If childfren of deceased sibling refuse to sign house in PR to sibling willing to buy can somehing be done?

We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.

Also, if 10 siblings are in agreement out of 13 what can be done ?

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

A: To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached outside the courts, a lawsuit can be filed to request the Puerto Rico courts to partition, adjudicate, and liquidate the deceased's estate among the heirs, after the estate's debts have been paid.

The 10 heirs in agreement can come together as plaintiffs in said lawsuit. The three opposing heirs can be brought as defendants.

If the opposing heirs were born in Puerto Rico, their birth certificates can be procured directly from the Puerto Rico Demographics Registry by your attorney.

However, if the house in Puerto Rico belonged exclusively to your deceased sibling, then, the only ones with standing to procure division of the estate are your nieces and nephews from the deceased sibling.

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