Commack, NY asked in Real Estate Law and Family Law for Puerto Rico

Q: How can my mentally disabled sister transfer 75% of shares of the house and land willed to her by our deceased parents?

My father’s will gave my mentally disabled sister 75% of the house and surrounding land in Puerto Rico with the balance divided evenly between me, my other 2 sisters and my brother. However because she can’t live alone (my father was taking care of her on the property) she wants to give me her shares and take care of her.

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

A: The only way to achieve this would be through a court authorization. Puerto Rico Civil Code presumes that all adults are judicially capable to make their own decisions. In the case of mentally disabled adults, a lawsuit must be filed with the court to legally incapacitate your sister and assign her a guardian. Part of the process entails bringing in the Family Proctor (Procuradora de la Familia) to defend your sister's due process and civil rights. You'll also need expert witness testimony in the form of a medical doctor who'll testify as to your sister's state of mind. Once incapacitated and having a guardian assigned, the guardian would go to court to request authorization to conduct any transaction with the house.

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