Q: Is family responsible for deceased father's empty house, in Puerto Rico, when there's is no will? We don't want house.
A:
Your deceased father's heirs certainly would be responsible for upkeeping and maintaining his house, as well as paying outstanding property taxes, assuming that they accept his estate in inheritance. Under the Puerto Rico Rule of Law, the estate of a deceased person is made up of his/her assets and liabilities (i.e. debts). At the moment of his/her death, each of the heirs apparent must freely decide whether to accept the inheritance or whether to reject it. This may be done by way of a public instrument (deed poll) or before the courts. If deciding to accept the inheritance, it can be accepted by way of inventory (in which case, an heir is responsible for his/her fathers debt up to his/her share of the inheritance) or accept the inheritance unconditionally (in which case, the heirs assume responsibility for all of the father's debts, regardless of whether the debts exceed the heir's share in the estate). If you decide to repudiate the inheritance, you must do so utterly, unequivocally, irrevocably. You cannot accept part of an inheritance and reject another part.
If you live in the continental U.S., you can repudiate and reject the inheritance before a notary public, have the document apostilled (certified) by the state's State Department, and have a Puerto Rico attorney-notary protocolize said document and include as a supplemental to the instance filed with the Public Registry to notify of change in ownership.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.