Q: What legal action can I take if one of the heirs does not want to sign a real estate license to sell my mom’s house?
My mom is wanting to sell her house in Puerto Rico and the heirs are myself my sister and my niece (which has taken my late sisters position as heir). She is the only one that has not signed the contract, doesn’t respond to the realtor or the families emails, texts or phone calls. The house is ready for closing and she is intentionally not responding to anyone for over 1 year! What legal action can we take so we can go ahead and sell the house?
A: The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. If your niece does not want to sell, you can take her to court in an estate liquidation lawsuit. Your mom and the other heirs would be the plaintiffs. Your niece would be the defendant. If she does not appear before the courts, you may request the court to issue an order to the court marshall to appear in your niece's stead to sign the sales deed. Your niece's allotment in the sales proceeds would then be consigned with the courts; after which, the other heirs' responsibility towards your niece would conclude.
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