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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
