Bronx, NY asked in Real Estate Law for Puerto Rico

Q: I have a problem my grandmothers house has been abandon since she died 20 year ago. My mother decided to to live in moms

House I her daughter spent 30 thousand to fix it so my mother can live there. After the house is done two weeks later my mom passes away . Now do I have any rights to the house because I invest 30 thousand dollars in fixing it .

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

A: At the very least, you certainly have a right to a credit of the $30,000 you spent repairing the property; provided that you have the receipts to prove such expenditures. Regarding any further rights that you may have on your grandmother's and/or your mother's estates, several questions must first be asked: (1) where & when did your grandmother die? (2) Was your late mother the sole heir to your grandmother's estate or did she have siblings with equal claim? (3) Was your grandmother married at the time of her death? (4) Did your grandmother grant her last will and testament before dying? (4) When & where did your mother die? (5) Was your mother married at the time of her death? (6) Did your mother grant her last will and testament before dying? (7) Are you the sole heir to your mother's estate, or do you have siblings with equal claims on the property?

Under the Puerto Rico Civil Code (both, the 1931 version which was in effect before November 28, 2020 as well as the 2020 version) Estate debts are the first issue to be addressed which includes your $30,000 reimbursement claim along with other estate debts. Next, any legacies left by your grandmother and/or mother through a last will and testament must be paid out. Finally, the remainder of the estate is distributed among the deceased's heirs, assuming you are not the only heir. How the distribution is doled out depends upon whether or not a last will and testament exists. If the person died intestate (i.e., without a will) then the remaining estate is distributed equally among the heirs.

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