Q: My mother was living in PR but died in the states. I'm trying to buy the house but my dad wont sell for appraisal price.
I'm in the process of buying the house but we need to make a sales contract but my father wants to sell the house for more than what it appraised. My siblines from my moms side resigned from moms inheritance but I did not. Mom also died in the states in 2017 due to health reasons and she was there due to Hurricane Maria. My father remarried and now lives at his wife's home and does not occupy the other house. He even went as far as to deny us access of the house. I really want to buy the house or in worse case rent it with the end goal of buying. I would like to add also that the house has a mortgage that is still being paid and my father has been the one paying it since my mothers passing. What can I do?
A: Your mother died under the old Puerto Rico Civil Code of 1930. I'm assuming that the house you speak of was the marital house in which you dad and your mom lived. Should that be the case, your dad is probably 50% co-owner of said property; and the other 50% would belong to your mother's heirs. When you state that your siblings from your mother's side of the family "resigned" your mom's inheritance, said resignation is valid in Puerto Rico only by way of a repudiation poll deed (escritura de repudio) or by a Motion before the Puerto Rico courts. Also, we need to know whether your mom granted her Last Will and Testament prior to her death; or whether she died intestate. If the former, we'd have to check your mom's preferences regarding the disposition of her estate. If the latter, under the previous Civil Code (which went out of effect on November 28, 2020) you dad has the right to dwell in the house or to receive an annuity for the rest of his life equal to a non-improved share of any of the heirs. Your father's unwillingness to sell for the appraisal value could be just cause to go before a Puerto Rico court of law to request their intervention in the valuing and distribution of your mom's inheritance.
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