Leesburg, VA asked in Probate and Estate Planning for Puerto Rico

Q: Aunt died and bequeathed money to siblings who died before her. Do their children inherit their parents portion?

We were told by executor that the siblings portion, since they have passed away, is cancelled. I

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

A: I'm assuming that your aunt left a Will upon her demise. The date of your aunt's death will determine the answer to your question. If your aunt died before November 28, 2020, her estate is subject to the Puerto Rico Civil Code of 1930. After November 28, 2020, her estate is subject to the Puerto Rico Civil Code of 2020.

If your aunt died with no spouse, no children, and no parents alive at the time of her death, then the next in line to inherit would be her siblings. If your aunt died before November 28, 2020, and mentions nothing in her Will regarding the substitution of her deceased siblings with their children, these nephews and nieces inherit nothing; and the deceased's allotment will increase the participation of the surviving siblings. If she died on or after November 28, 2020, inheritance by representation of the deceased siblings' children is automatic and the nephews and nieces will inherit.

If your aunt died on or after November 28, 2020, while married, absent children, her widower spouse inherits all.

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