Tampa, FL asked in Real Estate Law and Estate Planning for Puerto Rico

Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all to herself behind everyones back. I would like to claim our portion so she can not sell it.

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

A: There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many aunts and uncles do you have? How big was the real estate from which your grandparents left 6 acres to each child? Where is the property located?

The only way that an heir living the land may be "trying to get the property all to herself behind everyones back" could be if she's lived the property for more than 20 years in open, peaceful possession and representing herself to her neighbors as "owner" of the land; and she would still need to go through the courts in a process called "usucapion".

In order to assist you, we'd need to procure a title study of the real estate from the Puerto Rico Property Registry and a debt certification from the Municipal Income Collection Center ("CRIM", in Spanish) to determine who owns the land as per the Commonwealth of Puerto Rico.

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