Lawyers, Answer Questions  & Get Points Log In
Puerto Rico Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How much should heredity proceedings cost in the absence of a valid will in Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 9, 2023

You do not provide enough information to answer your question. Several factors that affect the costs are: how many heirs are there? Are they all alive? If any have died, did he/she leave descendants? Are these descendants all alive? Are any heirs minors (underage)? Did the deceased leave bank... View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Who can represent me regarding a property inheritance and sale negotiation in Puerto Rico, if I live in NY?

My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 1, 2023

You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Puerto Rico on
Q: Para ley de Puerto Rico ¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) ... vea abajo:

¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 23, 2023

Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: Can ownership of property be passed to a spouse when owner is deemed medically incompetent? (Puerto Rico Law)

Property filed under name of spouse who developed Lewy body dementia and Alzheimer's. Can property be transferred to the healthy spouse? What rights, if any, do the children of the sick spouse have to the property in question? Do the children need to be considered in the transfer of property... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 6, 2023

Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity..See more info

As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity for the purpose of constructing a dwelling on the property?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 30, 2023

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Uncle signed a paper in the US, gifting his portion of inheritance from mother’s house in Puerto Rico to sister. Legal?

Grandmother died in 2013 without a will and she had seven children/heirs. The house remains in my grandmother’s name to this day, and my aunt moved in and took control of the house without the consensus of all the heirs.

My aunt made a document for my uncle to sign in the U.S. in... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

There are three ways in which an heir can transfer his/her hereditary rights to another: by ceding said rights to another, by donating the rights or by repudiating his/her inheritance. The first two must be done by subscribing a deed (escritura) before a notary, with both the donator and the... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Grandmother died in 2016, no will, aunt moved into house and wants to pay below market value to pay off siblings.

After grandmother died without a will, aunt entered house, removed uncle’s belongings & changed the locks.

Two offers from aunt:

Option 1 pay each sibling $5,000 for their share. $5,000 each for 7 heirs is $35,000 total valuation for house.

Option 2 threatened to go... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 5, 2023

From the scenario that you paint, Option 2 (going through the Puerto Rico courts) seems the better alternative. It will force an appraisal of the real estate, to determine each heir's share in the estate. Any expenses incurred in maintaining the property or even increasing its value will be... View More

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Aunt died and bequeathed money to siblings who died before her. Do their children inherit their parents portion?

We were told by executor that the siblings portion, since they have passed away, is cancelled. I

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 3, 2023

I'm assuming that your aunt left a Will upon her demise. The date of your aunt's death will determine the answer to your question. If your aunt died before November 28, 2020, her estate is subject to the Puerto Rico Civil Code of 1930. After November 28, 2020, her estate is subject to the... View More

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... View More

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Father dies and 2 of the 4 sons are dead. He has a surviving spouse. In accordance with Puerto Rico law, what is Law?

How Will the decease’s assets be divided, when some of the children have died?

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2022

This is something that attorneys who work with estates would know better than civil litigation (the posted category) attorneys, but the question remains open for almost a week. I'm sorry for the family's loss. You could repost the question under Puerto Rico (see "show more... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: A family member mention that there was some money and it was posted in the newspaper, where do I start?

Mayaquez, PR is where my grandfather resided . Not getting much help from that side of family, was born in the US so not very close to them.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2022

When a close relative dies, such as the case of your grandfather, the first thing that needs to be done is whether the deceased died having left a Will or not. If no Will exists, a Declaration of Heirs must be petitioned from the Puerto Rico court. Depending on when your grandfather died, the court... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2022

I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: If both myself and (apparent) sister go before the court for the declaration of heirs, we will both be required to show

a birth certificate, but the apparent sister doesn’t have a birth certificate with my father listed as her father nor does she have DNA results to prove a legal relationship. So what can she do to be eligible to receive my father’s inheritance? Can her and I perform a sibling dna test? Will... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

The test results only present a probability of kinship between 2 sisters, especially when related by only one parent. Photo comparison with grandparents and other relatives also help. How and under what circumstances DID your father recognize her as his daughter?

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father died in 2021. His known descendant is me (his biological daughter). However, he claimed another young

lady as his daughter too, that I don’t think is biologically his. Will this young lady have to provide proof that she is indeed an offspring of my father’s to inherit a portion of his estate?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

You don’t state what form did your dad’s recognition of your (apparent) sister take. If your dad recognized her as his legal daughter in a Last Will & Testament, she would only need to provide proof of identity. With no Will, you’d both need to go before the court for a Declaration of... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My grandmother is 94y old, of sound mind, PR resident. What is the average cost of drafting & filing a Living Will?

She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.

At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 18, 2022

Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Four friends, two of which are a married couple, own property in Puerto Rico. Would a real estate trust be beneficial?

Upon death of one co-owner, it is deisred that the decedents share(s) pass only to the surviving partners.

This is the primary residence for the majority of co-owners.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 19, 2022

Puerto Rico Civil Code does not allow for donations to be made which may be perjudicial to an heir's share, should the donor die. That being said, a legitimate scenario would be for the two married couples incorporate or establish a commercial society, and transfer the property to the... View More

1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: My grandfather passed away in Puerto Rico and left money in a account. How does does 1 child become sole beneficiary?

Moving this over somewhere else. Sorry

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 16, 2022

This is not a Family Law question and is not in New York. This should be posted in the estates catagory and in Puerto Rico.

1 Answer | Asked in Family Law and Estate Planning for Puerto Rico on
Q: i need my fathers will from arecibo puerto rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

In order to procure your father's will, you first need to procure or provide his death certificate. With the certificate, we request a certification of will from the Office of Notary Inspections. Said certification will identify whether your father was testate upon his death, the will's... View More

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I know I'm a beneficiary. Grandpa lived and died in Bayamon, PR. I don't have the will or know who the executor is. ?

So I repeat. No will. No death certificate. I'm a grand child so apparently not entitled to one. How do I find out who the executor is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2022

An attorney should be able to get you the death certificate and find out who the executor is if indeed you appear as the beneficiary on the will.

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.