Elizabeth, NJ asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey

Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children) considering the infrastructure and of it, and that nor my cousins (who's father passed away in 1990) or my siblings and I have any right over the decision 4 pricing of it or what is done to it. We have expressed our opposition to the way they are handling the disbursement of such but they continue to keep us out of the decision making claiming we have no right to request, question the processing of it nor request access to the property. We have made attempts to get more info via them and CRIM, to file a complaint with a court in PR, which have unsuccessful and the last CSR we spoke to @ CRIM can't provide us it and claims that we as heirs have no right because our mother and her brother passed away before their mom.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's estate. This is based on the principle of representation in inheritance law, where the children of a deceased heir step into their parent's place.

The claims by your mother's siblings that you and your cousins (children of a deceased uncle) have no rights may not align with these legal principles. It's important to review the will, if there is one, or the laws of intestate succession if there isn't. Disputes over the valuation of property and decision-making in the absence of a will can be complex. Seeking legal advice from an attorney knowledgeable in Puerto Rico's inheritance laws can provide clarity on your rights and options. They can also assist in navigating any legal action necessary to protect your interests in the estate.

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