Get free answers to your Estate Planning legal questions from lawyers in your area.
My sister and I inherit an house that’s really our grandmothers. Though, dad passed away last year. Aunt wants to make a new declaration of heirs. As well sell the house that is being rented. Dad was the head that house prior to death and never mentioned anything about CRIM that he had to pay... View More 
excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More
answered on Jun 20, 2024
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
require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More
answered on Jun 18, 2024
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
My father died without a will in Puerto Rico. Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the... View More
answered on Jun 17, 2024
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
property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.
answered on Jun 17, 2024
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
what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?
answered on Jun 13, 2024
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
She has illegitimate siblings from when he was unfaithful. HOWEVER, she was still his 1st LEGAL HEIR. Now he passed away back in 2000 and apparently left his house in P.R. to my mom even though they never really had that tight loving father/daughter relationship. He tried to rekindle many times but... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?
answered on May 23, 2024
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
I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.
answered on May 7, 2024
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 lived in my house since 1960, have evidence of history of gas and light in my name and a sworn declaration from the 1980’s and neighbors as witnesses. I’m currently in the process of an adverse possession to get a title.
1.) Do I have to wait and get a title in my name first and then... View More
answered on May 6, 2024
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
Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm
answered on May 22, 2024
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
daughter open a bank account under her name and he gave her funds to put in it. HIs wish was that when he passed she would distribute the funds per his wishes. Which she did. 2 weeks after his passing someone found a will and is now saying that the money in her account should be part of the will.... View More
answered on Mar 11, 2024
That sounds like an inter vivos gift! Even if it was a joint account with rights of survivorship, that money typically would avoid probate and his daughter would be free to distribute it however she wished (maybe even if she didn't comply with your father in law's directions).
My sister & I are declared heirs & paying taxes to CRIM since our mom’s passing in 2016, but 1 of the properties (land only) is not registered in our name at Prop. of Registry. It’s registered to our grandfather for more than 100 yrs. It was an unresolved matter for mom to register it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
In Puerto Rico, dealing with inheritance and property taxes involves navigating a complex legal landscape, especially when property titles and registrations involve unresolved issues from past generations. If you and your sister are considering not passing a specific piece of land to your children... View More
My greataunt passed a few months ago. We notified the creditors and tried to cancel all cards. She left a will but the money she had was used for funeral and medical expenses in the months she was sick. She did leave some land though. Can the heirs in the will inherit the credit card debt? I know... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024
According to Puerto Rico law, credit card debt is generally not inherited by heirs named in a will.
Specifically, Article 584 of the Puerto Rico Civil Code states that heirs are only responsible for a deceased person's debts up to the value of the property they inherit.
So if... View More
I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More
There’s 3 children but father left the will only to 1. This was approved by a lawyer. Can the other 2 children still fight to claim some of the will?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In this situation, it's important to understand that the validity of a will and the rights of the children may vary depending on the laws of the jurisdiction in question, which, in this case, is Puerto Rico. In general, a person has the right to create a will and leave their assets to whomever... View More
One heir has fired her lawyers and then was none responsive for 3 years. Now she is hiring a new lawyer. Can she be held accountable for everything that has to be done again? Ex. Appraisal of the house. Also, am I at risk of losing any part of the inheritance? Ex. Money in bank accounts.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
In a Puerto Rico inheritance case where one heir has been unresponsive and caused delays, it can be challenging, but it does not necessarily mean you will lose your inheritance. The heir who has been unresponsive may face consequences for the delays, especially if it has caused additional expenses... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
