Hempstead, NY asked in Estate Planning, Family Law and Probate for Puerto Rico

Q: What court in Puerto Rico should I notify of my father's passing?

My father resided in Puerto Rico when he passed in 2022. Is it too late for me to pursue this issue? I've learned that the Executor of the Will has not started the process and does not intend to. They said there is nothing to inherit. I have a copy of his Will and I was named an heir.

1 Lawyer Answer

A: The court of first instance in the city where your father had real estate or where he resided would be the one to receive your claim. An executor cannot maintain that there is nothing to inherit unless s/he prepared a detailed inventory of the estate's assets, liabilities, and expenditures. S/he should have also prepared and filed your late father's estate tax return with the Puerto Rico Treasury Department. The Puerto Rico Civil Code also mandates an executor to provide quarterly reports of his findings and efforts to all of the heirs. If none of this has happened, you and the other heirs may have a cause of action against the executor for being derelict in his/her duties.

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