Q: Instead of a Will , is it better to donate the property to your children before death? Note, that the land to which the

A: You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.

If you decide to donate the real estate, both you and your children must appear for signing the donation deed: you donating the real estate property while your children would appear for accepting the donation.

Prior to filing the donation with the property registry, a donation return must be filed with the Puerto Rico Treasury Department. The matter of whether donating now or waiting until your passing will determine who assumes the costs of transferring the property. If you decide to wait until your demise, you will need to grant your Last Will & Testament beforehand, or your heirs will need to file a Petition for Declaration of Heirs upon your death. Furthermore, in Puerto Rico, there is no inheritance tax, but a donation increases each of your children's estate and will have tax consequences which should be consulted with your accountants.

That being said, I strongly suggest that the surveyor complete the plot plan and measurement certification, to verify that the real estate surface area corresponds to what the property registry has on file. Any difference in measurement equal to or less than 25%, the registry information can be corrected by way of a rectification deed poll. However, should the difference in area be greater than 25%, Real Estate Law requires that you present your case before the Puerto Rico Court of First Instance in order for the court to order the correction with the property registry.