Dorchester, MA asked in Real Estate Law for Puerto Rico

Q: My wifes GF died, his kids dont want the house, How can my wife apply or get the property?

My wifes grandfather passed away about a year ago, his kids don't want the house. His wife is still alive but has early stages of dimensia. My wife is interested and 1 cousin of hers what do they have to do the get the property?

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

A: Having your wife's grandfather died after November 28, 2020, his wife (your wife's grandmother?) is as much an heir as your wife's aunts and uncles. Every legal heir must decide whether to accept or repudiate his/her inheritance in your wife's grandfather's estate. Should any heir decide to repudiate, it would need to be done by way of a deed poll signed before a notary public (if the heir dwells in the states) or before an attorney-notary (if the heir lives in Puerto Rico).

Being in the threshold of dementia, your wife's grandfather's widow's situation is more grim. No notary can accept any document signed by her, given that there is a reasonable doubts as to whether she is of sound mind. Her case would need to be brought before the Puerto Rico Courts (I'm assuming that she lives in Puerto Rico), and the Family Defender ("Procurador de la Familia") will need to be brought to the trial to determine her capacity to acknowledge and accept (or reject) her participation in her late husband's estate. Furthermore, should she be found legally incapable, a tutor will need to be assigned to represent her. If the house in your wife's grandfather's estate also happens to be his widow's residence, the real estate may not be sold without the Court's authorization.

Finally, for every heir that repudiates his/her inheritance in your wife's grandfather's estate, his widow's share in said estate increases, requiring the Court's intervention even more.

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