Q: How can I relinquish my portion of ownership to one of my siblings who also owns the property in Puerto Rico.
A year ago my deceased parents' property in Puerto Rico was transferred in a Resolucion document to myself and my 5 siblings. I want to relinquish my ownership to one of my siblings or if not possible to have the remaining 5 siblings take equal portions of my ownership. I do not want to be an owner of the property.
Additionally, the Resolucion only states me with my unmarried name and not my legal name. Does this complicate the process?
A: That "resolution" you mention must be examined to ensure precisely what it entails. In general, however, the process to relinquish or renounce an inheritance will depend on the year of the passing, given that there is a new recent Civil Code in effect. For instance, if the passing was before November 28, 2020, then the old Civil Code applies, so once you relinquish, then your heirs will also renounce automatically. However, that is not the case under the new Civil Code, which lets your heirs substitute your portion. In general, the resignation could be done either via a deed or through a court case if there is one filed already. In short, an attorney will need to examine your case in detail to see your options. As to the name used, that could be amended or fixed by the attorney if need be.
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A: You can either donate your share or reject it by way of a deed poll. If by donation, an additional step is required in the form of a donation filing which must be submitted to the Puerto Rico Treasury Dept. before filing the deed with the Property Registry. Stamps and Tariffs in either deed cancel for entire value of the real estate; but the stamps for filing is a function of the portion of your share of the property.
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