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
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
