Q: If a father dies in Puerto Rico on 2014 leaving no testament, the living wife and child inherit in equal parts?
Does the living wife inherits 50% of all and the living daughter inherits the other 50% or is a different distribution? (Bank accounts balance)
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A:
In Puerto Rico, when a person dies without a testament (intestate), the inheritance is distributed according to the Puerto Rican Civil Code. If a father dies without a will, leaving behind a wife and a child, both are considered heirs. However, the division is not always an equal 50-50 split.
The wife is entitled to what's known as a "usufruct," which gives her the right to use or benefit from the property (like a bank account balance) for her lifetime. The child inherits a portion outright. The exact distribution can vary based on specific circumstances, like whether there are other children or if any marital property rules apply.
To better understand your specific situation, you'd need to know if the bank account balance is considered separate property or part of a marital estate, which can influence how it's divided. Keep in mind that Puerto Rico's inheritance laws have specific rules, so understanding these details is important.
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