Unfortunately, an estate community property is not subject to usucapion by anyone of its commoners. Nevertheless, your father can go before a court of law to request partitioning, distribution, and liquidation of the community estate. He should retain the services of an engineer to prepare a plot... View More

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answered on May 15, 2025

I’m really sorry for your loss. When someone passes away in Puerto Rico and you believe they may have left a will, there are specific steps you can take to find out if one exists and to protect your rights—especially if you’re a part owner of the property.

In Puerto Rico, wills are... View More

Although attorneys in Puerto Rico could advise best, it's been a week since you posted. As my colleague correctly advises, an experienced elder law attorney would have knowledge in these types of settings. You were correct in choosing that as a heading above. The "Personal Injury"... View More

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answered on Apr 12, 2025

As a forced heir, you do have certain rights, but your situation is a bit complex since you don’t want to participate in the inheritance. If you can’t renounce the inheritance entirely, you may have the option to accept your share and then transfer it, often through a sale to the other heirs or... View More

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.... View More

I am inferring from your question that your then live-in partner does not appear on the sales deed. If this is the case, your live in partner does not have a participation right in the real estate property, although he can have a right to receive repayment of the amount that he provided for the... View More

Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More

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answered on Jul 2, 2024

This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More

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answered on Jun 25, 2024

Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:

1. Departamento de Hacienda (Department of Treasury):

This is indeed a good place to start. The Departamento de... View More

In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More

The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More

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,... View More

You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.

If you decide to donate the real estate, both you and your children must... View More

First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More

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answered on Jun 10, 2024

In Puerto Rico, inheritance laws are based on the Civil Code, which can be quite specific about who inherits property. If your grandfather left the house to your mother in his will, she would be the legal heir to the property. Whether she accepts the inheritance or not is her decision, but it... View More

So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More

Unfortunately, any property taxes owed must be paid by the heirs of the deceased owner. Whether you receive a bill from CRIM or not depends on whether you notified change of ownership. Assuming there are more than one heir, these taxes are proportionally imputable between the heirs. Legal liens,... View More

I'm assuming that an adverse possession in process means that you already have an attorney. I recommend that you consult this very question with your attorney. Nevertheless, with the information you've provided, (1) you need to wait to obtain the real estate title in your name; and (2)... View More

Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More

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answered on Apr 18, 2024

Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More