Q: My father is selling his house in Puerto Rico. When my mom passed, we were added as heirs to the deed. He states an
affidavit from my brother and I is needed in order to sell. What kind of Affidavit do we need to obtain to give him permission? I know it needs to be notarized.
A: In Puerto Rico, you'll need more than an affidavit for your dad to sell what is an hereditary estate community. Both you and your brother must subscribe a power of attorney deed, empowering your dad (as your agent) to sell the real estate property, which must be clearly identified in the power of attorney deed with the real estate description as it appears in the Property Registry and the real estates cadaster number from the Center for Municipal Income Collections (CRIM, by its Spanish acronym). If the power of attorney is not issued in this manner, the notary who prepares the sales deed will not accept a sworn testimony, because the Property Registry will not accept a sworn testimony where the law requires a deed poll.
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