New York, NY asked in Real Estate Law for Puerto Rico

Q: Who recieves the property? What can we do ?!

My parents passed away and left there home in Puerto Rico to all there kids. The past few years my uncle was uncle was living In The home and keeping it up. He just married a woman a couple of months ago and he has recently passed away. Now the woman he was married is refusing to leave my grandparents home what can we do?

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

A: First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After which, you must then do the same for your deceased parents (father or mother, whomever was your grandparents' child), to transfer his/her hereditary interests in the property to you and your siblings. THEN, and only then, you have legitimacy to go before the Puerto Rico courts and request that your late uncle's wife be evicted from the house. So long as you and your siblings are not recognized as co-owners by the Property Registry, you have no legal standing to evict her.

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