My father died without a will in Puerto Rico and named his best friend as the co-owner and benficiary of his money.

Question

My father died without a will in Puerto Rico.  Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the money.  She did not work, did not contribute to any of the money in the bank and did not live with my father.  She only married him for monetary gains and US citizenship.  Is the wife entitled to the money even though it is in his friend's name?

Rafael Pagan-Colon · Answer

First of all, I would need to know when did your father die. If he died after November 28, 2020, his wife is as much an heir as your father's children. Although your father may have designated his wife as co-owner of bank funds, once the banks are notified of your father's death, they'll freeze his accounts until either a will or a court issued declaration of heirs is presented, along with an estate tax waiver issued by the Puerto Rico Treasury Department. Regardless of whether his wife lived with your father, she would be entitled to participate in his estate, but would not have a right to receive the entire amount. 
     Even if your father's bank account(s) has additional co-owners, any account where your father's name and social security appear as full or partial owner will be frozen until the portion of your father's funds are determined.

Q: My father died without a will in Puerto Rico and named his best friend as the co-owner and benficiary of his money.