Q: Is my Will/Trust where I reside valid in Puerto Rico or do I need a Puerto Rico Will/Trust for PR property?
All other assets are in and our permanent residence is in FL. The House in Puerto Rico is owned Jointly (JTWRS) with my wife. Per the FL will/revocable trust, my wife will inherit everything but if/when she passes, our three kids will inherit the assets equally, including the PR house. We understand the FL won't go through probate and want to make sure the PR house does not go through probate as well. Thank you!
A: Typically, inheritance or probate norms vary depending on where the real estate assets are located. In the case of Puerto Rico, specific inheritance laws are in effect. You need to have a PR-licensed attorney look into your estate, given that we have what is called "forced heirs". The forced heirs are typically the descendants (i.e., the children), who cannot be left out unless they are disinherited -by exception- via any of the specific clauses permitted by law.
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