Is she entitled to claim,in puertorico
answered on Apr 18, 2024
You do not specify to whom was your stepsister related. Neither do you specify when/where both spouses died. Under rule of law, your stepsister would not inherit from her step-parent. Nevertheless, she would inherit from her actual parent. If she was left out of both wills, her parent incurred in... View More 
Dad has 2 kids from his first marriage. Mom bought the home while divorced from my dad they remarried and before divorcing again she added him to the property per the lawyer request. If he passes away would my mom be able to sell the property with out any consent from his kids from first marriage... View More
answered on Apr 4, 2024
Having your parents divorced, the home becomes a community property, whereby both of your parents have an equal stake of 50% each. Upon either's death, the deceased parent's participation in the real estate will go to hir/her legal heirs. Prior to transmitting the succession rights, the... 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
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
House in Bayamon Puerto Rico. How do we claim house
answered on Feb 2, 2024
In the absence of a will, the alternative is to go before the Court of First Instance of Bayamon to petition a declaration of heirs for each dead parent. In the case of the 2 dead children, their offsprings would inherit in their deceased parent's stead. After obtaining the declaration of... 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
My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More
answered on Jan 8, 2024
The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.
answered on Dec 28, 2023
The Puerto Rico rule of law defines a deceased person's estate as made up of the deceased's assets and liabilities. As such, any and all debts owed by the deceased person and/or by his (her) estate must be assumed by his (her) heirs up to the amount inherited. Thus, the to answer your... View More
All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the... View More
answered on Dec 18, 2023
Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto... View More
answered on Dec 10, 2023
Due to the particularities and legal requirements needed for a Declaration of Heirs in Puerto Rico, an attorney is highly recommended. That way, you can rest assured that the petition is filed correctly before the courts. Any errors could negatively affect the rest of the documents that are... View More
How do you renounce inheritance in Puerto Rico and find out property tax status (have the taxes been paid)? Also, if we renounce inheritance, can we shift the property to a relative who lives there? We live in the United States.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023
To renounce an inheritance in Puerto Rico, you must formally declare your intention to do so within a specific timeframe, usually within nine months of the decedent's death. This declaration is made before a notary in Puerto Rico. It's a definitive decision, meaning once you renounce, you... View More
answered on Aug 29, 2023
Assuming that your late father lived and died in Puerto Rico, and having a copy of your father's death certificate, a request can be made to the Office of Notary Inspections ("ODIN", by its Spanish acronym), with whom are filed all the wills subscribed in the Commonwealth of Puerto... View More
We have spoke to all the neighbors in the area and found the owner to be deceased and the place has been empty for about 6 years or since Hurricane Maria. How can we take the property in good faith. What actions need to be taken.
answered on Jul 18, 2023
Under Puerto Rico Rule of Law, you would need to be in pacific possession of said real estate property, openly, and (in the mind of your neighbors) as if you were the owners of said property. This would need to continue for 20 years, the go before a court of law to request said adverse possession... View More
Mother died in Nov 2022 & step-father (who never had biological children) died the following Apr 2023. They left $12K in savings & home with an existing morgage. Four adult children (2 sons & 2 daughters) and dead spouse are currently named in the Certificado de Herederos. Two... View More
answered on Jul 12, 2023
Any repudiations must be formalized through a deed poll subscribed by the heir who rejects his/her inheritance. If an heir is gaslighting you, you'll need to take the case before a court of law. Who'll either order the heir to formally reply whether he wishes his inheritance or not. If... View More
My brother was never married and he didn't leave a will. No one has ever cosigned for him. He doesn't own any property and was living in my Moms house. His only assets are his two bank accounts. One of the accounts paid the funeral expenses but there could be some money left in that... View More
answered on Jul 10, 2023
First off, I regret your loss. Did your brother have any children? If not, are either or both of his (your) parents alive? If so, your parents would be his heirs. If your parents have passed, then you and any other siblings that you may have would be the heirs.
In order to file a Petition... View More
The brothers have been named the heirs. Does that now make them legally responsible to pay the mortgage on the house he owned? If they do not pay the mortgage and let the bank foreclose will their credit be affected?
answered on Jun 21, 2023
Succession Rule of Law in Puerto Rico states that your late uncle's estate is made up of his assets and his liabilities. Therefore, any mortgages and liens on real estate property would also have to be assumed by your late uncle's siblings. If the outstanding debts exceed the... View More
Both parents are deceased. The property is land only. A neighbor has built a structure - part of a house on a corner of the property. Siblings have paid back 14 years of back taxes 2 years ago when last parent died. Taxes continue to be paid and are up to date. How do we proceed to inherit the... View More
answered on Mar 20, 2023
The probate process in Puerto Rico begins by procuring the death certificates of bith parents. Did they die in Puerto Rico or abroad? If the latter, you'll need to provide these. With the death certificates on hand, requests are made to the Office of Notary Inspections to determine whether... View More
I have my mothers birth certificate that has his name but that’s all how can I find any information on him
answered on Feb 8, 2023
I am sorry that you did not get to meet your grandfather.
Note -- you have posted this question to paTents not paRents. They look the same but patents is a field where attorneys help inventors protect their inventions.
You need to seek an attorney that works with PROBATE in the... View More
My dad didn't have a will but my uncle said that he notified the bank that my dad had 2 kids and no wife and that he would like the money to be given to us both equally. I live in Florida.
Now I lost communication with my uncle and he didn't give me the name of the bank or account... View More
answered on Jan 18, 2023
It appears that you need to contact an attorney in Puerto Rico. Your question has nothing to do with Florida law.
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
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
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.
