Newburgh, NY asked in Estate Planning and Real Estate Law for New York

Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: If your brother died a resident of Puerto Rico, you will first need to set up his estate there. Since the procedures may be different in Puerto Rico, you should speak with an estate attorney who has an office there. Once you set up the estate, ownership of his property, including his house, will pass through the laws of intestacy in Puerto Rico. If he owned property in the United States, you would have to file an ancillary estate proceeding in the state and county where the property is located.

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