Dover, NJ asked in Estate Planning, Banking, International Law and Probate for New Jersey

Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or testament that names him as a beneficiary.

2. Hire a probate attorney in Puerto Rico who can guide you through the process and represent your interests.

3. Your attorney will need to file a petition with the probate court in Puerto Rico to open your husband's estate, as he died before claiming the inheritance.

4. As your husband's surviving spouse, you may be entitled to the inheritance. However, this depends on the specific language in the grandmother's will and Puerto Rican inheritance laws.

5. Your attorney will help you gather the necessary documentation to prove your relationship to your husband and your right to claim the inheritance on his behalf.

6. Once the court approves the petition, your attorney can help you transfer the funds from the account in Puerto Rico to an account in your name.

Keep in mind that this process may be complicated and time-consuming, especially if there are other potential heirs or if the will is contested. Additionally, there may be taxes owed on the inheritance, which your attorney can help you navigate.

It's important to work with a qualified attorney who is familiar with Puerto Rican probate and inheritance laws to ensure that your rights are protected throughout the process.

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