Orlando, FL asked in Real Estate Law for Puerto Rico

Q: 2 siblings inherit a home in PR. One of the siblings past away. Said sibling who past away was married although had been

Separated for years! Perhaps now she’s a forced inherited? She’s an alcoholic, mentally unstable and unable to understand. How can the other living sibling take her out of the forced inheritance to be able to sell the house?

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

A: If the deceased sibling died after November 28, 2020, his spouse inherits along with any descendants he may have left. Now, if the deceased sibling died before November 28, 2020, his spouse would still inherit an annuity equal to a simple share of a third of his estate, equal to what any other heir would've inherited.

If he never divorced her in life, she has a right to inherit. Furthermore, if she lacks legal capacity, you may require to go through the courts. If her whereabouts are unknown, you may need to go to the courts for liquidation of the deceased sibling's estate, and probably consign his $hare of the Ponce real estate with the court, in her name.

Whether or not they lived together, whether or not she's an alcoholic, and whether or not she's unfit is immaterial to the fact that they remained married, and therefore, she inherits.

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