Tampa, FL asked in Real Estate Law for Puerto Rico

Q: How can I find out in records where my father left the land and house to my brother daughter and me?

It’s a home and land in Rio Grande Puerto Rico. Wish to build on land but I’m getting the runaround. They harass my brother who has a mental disability. I want to build a home that is modern and secure for him and myself to stay in with no problems from the rest of the family. I’ve requested legally to purchase the land. They keep saying you don’t want that land and they brush me off I need assistance to make sure my brother has a clean, secure place to stay. Before my father passed away, he informed my brother that he gave the land and home to him myself and my daughter.

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

A: The information you require may be found in the Puerto Rico Property Registry. You'll need your father's full name and the location of the property. If you have the plot ("finca") number would be so much better, as well as the cadaster number under which the real estate is filed with the Municipal Income Collections Center (CRIM, by its Spanish acronym).

Without further information regarding who "they" are, I cannot counsel you regarding steps to proceed. If your brother suffers from mental illness, has he been legally incapacitated? Has a guardian been legally named for him? If your brother is not in possession of his mental faculties, he's in no position to make legal decisions regarding his person or his property.

Furthermore, if your late father left the property to you, your brother, and your daughter, it will be necessary to determine whether or not he left a will with the Office of Notary Inspection's Will Registry. If he did not, a Petition for Declaration of Heirs will need to be filed with the Puerto Rico courts; and the rest of the probate procedures will need to be undertaken until the Property Registry recognizes you, your brother, and your daughter as your late father's legitimate heirs.

Whom do you refer to as "they"?

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