Sacramento, CA asked in Real Estate Law, Civil Litigation and Estate Planning for Puerto Rico

Q: I thank you in advance for your time.This is regarding a home in Puerto Rico which my parents left to five siblings.

Outside of issuing an addiction notice , We have been in litigation for the last six years the 4 siblings have incurred legal and court fees that’s been a financial burden! Does PR Law support a civil case to recoup financial loses towards the sibling that refuse the sale of the home.

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

A: To answer your question, I'd need to know what sort of litigation has been going on between you and your siblings. Upon the passing of parents who may or may not have granted their last will and testament, Puerto Rico Rule of Law provides heirs the chance to arrive at some form of agreement for allocating, distributing, and liquidating the deceased parents' estates. If no agreement is forthcoming, an inheritance petition/partition lawsuit may be filed against the heir(s) who refuse to sell. Legal fees and costs can only be claimed by the plaintiffs once the lawsuit has been filed, and the defendant party (a) does not answer the lawsuit within the 30 days following having been duly served; or (b) shows a continuous pattern of temerity, frivolously extending the duration and legal costs of the trial. Within the lawsuit, plaintiffs can request the court to order the court bailiff to appear in representation of defendants for the sales deed.

Jose M. Rivera Santos agrees with this answer

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