Boston, MA asked in Estate Planning and Real Estate Law for Puerto Rico

Q: My mom passed on 12/11/21 in Massachusetts and married. Dad and Mom own house in PR, are the kids entitled to anything?

My mother and father were legally married at the time of my mother's passing. They own a home in PR but both have children from previous marriages. What are my mother's children entitled to? Can we ask that her husband pay us her half of the home's value if he is unwilling to sell the home?

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

A: Pursuant to Puerto Rico’s Civil Code, all of your late mother’s children have an hereditary interest in her entire estate.

Assuming that your parents did not have a prenup in place during their marriage, their house in Puerto Rico was jointly owned by both under a legal joint community (sociedad legal de gananciales); in which case, 50% of the property would now belong to her heirs. Absent a Last Will & Testament, this value would be divided equally among her children.

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