Pawtucket, RI asked in Real Estate Law for Puerto Rico

Q: Grandfather died.Grandma want to sell home.I want to purchase.Can she sell without involving their children?

No will or anything

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1 Lawyer Answer
Ramon  Olivencia
Ramon Olivencia
  • San Juan, PR
  • Licensed in Puerto Rico

A: No, she cannot sell the house without involving their children. Assuming that the house was bought by both grandparents, your grandmother owns only half of the property, since the other half is to be divided among his children.

If he passed away after the new Civil Code of November 2020, then she might be entitled to an additional portion as an heir as well.

In sum, before the sale, there must first be a declaration of heirs at the Puerto Rico courts. Afterward, an Inheritance Estate Form will need to be filed at the PR Treasury Department, and then, finally, the transfer of the property needs to be done at the Property Registry and the CRIM (property tax agency). It is only then that all of the heirs could sell the house to you. Of course, all of these should only be done by a licensed attorney in PR.

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