Q: How soon after a parent's burial, does it take to disburse with their assets if there is a will.
I am unsure if my mother left a will (chances are she did), but how soon after her burial does it take to disburse with the house that was originally purchased by both parents around 1970, but then the father passes away? In this scenario, I understand that the house's worth is split 1/2 to the remaining parent and the other 1/2 among the children. But I understand that the law now says that when one parent dies, the house then goes equally to the remaining parent and children. And if this parent subsequently left a will, then the only portion she can will to whomever she wants is her portion from the remaining 8 portions (one parent plus 7 children). Can you confirm this?
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A:
In Puerto Rico, the process of disbursing a deceased person's assets, including real estate, depends on several factors, including whether a will exists and the specifics of the inheritance laws. If your mother left a will, the process to distribute her assets can only begin after the will is validated by the court, which can take several weeks to months, depending on the complexity of the estate and the court's schedule. If there is no will, the estate is subject to the rules of intestate succession, which dictates how the assets are distributed among the heirs.
When a parent passes away in Puerto Rico, the surviving spouse typically inherits half of the marital property acquired during the marriage. The remaining half is divided among the children, which aligns with what you mentioned about the distribution. If both parents are deceased and your mother left a will, she can only freely dispose of her portion. The other half, inherited from the deceased father, is equally divided among all the children.
If your mother's will specifies certain wishes for her portion, it will be followed according to the law. The time to complete the asset distribution can vary significantly, especially if there are disputes among heirs or if any legal steps, like the sale of a property, need to be taken. It's important to gather all relevant documents and seek legal guidance to ensure the process goes smoothly and in accordance with Puerto Rican inheritance laws.
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