Brooklyn, NY asked in Criminal Law, Family Law and Wrongful Death for Puerto Rico

Q: My father died in Puerto Rico he build a home for us but he has people living inside what can I do to get the home

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

A: The first step to taking possession of the real estate property is by establishing whether your late father had granted his Last Will and Testament before dying. Else, I would recommend going before the Puerto Rico courts to petition a declaration of heirs. Once either the Will or the court's declaration is in hand, an estate tax filing should be submitted to the Puerto Rico Treasury Department to verify that your father left no outstanding tax debt. With the tax waiver received from the Puerto Rico Treasury Department, a petition (called "an instance") is submitted to the Public Registry, to change ownership title of the real estate from your father to his heirs.

THEN (once the property is in your names) you proceed to notify, in writing, the people in possession of your father's home that you and your siblings are the new owners of the property and you give them a reasonable amount of time to move (say, 45 days?). At the end of that period, should they refuse to move, you would return to court with an eviction lawsuit.

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