Charlotte, NC asked in Probate for Puerto Rico

Q: Parents dead, no will. Grandson lived in house until death Dec 2023. 4 chidren 2 dead. Where do we go 4 help on this

House in Bayamon Puerto Rico. How do we claim house

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

A: In the absence of a will, the alternative is to go before the Court of First Instance of Bayamon to petition a declaration of heirs for each dead parent. In the case of the 2 dead children, their offsprings would inherit in their deceased parent's stead. After obtaining the declaration of heirs, estate tax returns must be filed with the PR Treasury Department (Hacienda) for each of your deceased parents' estate. After receiving the tax waivers, the inheritance rights are filed with the Puerto Rico Registry Department. At that point, the Bayamon house belongs to all of the heirs.

Assuming that all of the heirs are of legal age and in full possession of their sound minds, you can agree to distribute the estate or you can buy out the other heirs. If any of the heirs are minors or incapacitated, you'd need to return to court for judicial authorization. If all of the heirs cannot reach an agreement on how to divvy up the estate or if any heirs are nowhere to be found, you'd need to go to court in an estate community liquidation lawsuit.

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