they had no will.
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answered on Mar 4, 2024
When a property is inherited due to the passing of relatives and you are considering selling your share to a stepbrother, understanding the tax implications is important. If they passed away without a will, typically, the property's ownership would be determined by the state's intestacy... View More 
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
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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
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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
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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
I have a 12 year old grandson for the past 7 years and a three year old since a month of birth,father is the only one contributing financially,moms both work and don't help with anything
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answered on Feb 17, 2024
Greetings:
Parents can financially support their children and provide for them and their wellbeing.
My great grandfather was a famous architect who gave 13 acres to my grandfather who placed this land into my grandmothers name in which she abandoned after a family tragedy struck where her son (my uncle) murdered her husband my grandfather, she then moved to hoconuco alto and remained there until... View More
answered on Feb 8, 2024
You should start with the names of your great grandfather, the architect, your grandfather, and your grandmother, in two fronts: through the CRIM's digital cadaster, searching by their names. If you find the cadaster #, then proceed to the Property Registry. An agent ("gestor", in... 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?
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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
What are the steps to take? Thank you
answered on Feb 2, 2024
Your step-mom can donate the house to you by way of a deed. However, although you express that her one living son has no interest, in the event of your step-mom's passing, the value of all donations made during the final 10 years of her life will be brought back to her estate, and you may find... 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.
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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
He is a mature teenager
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answered on Feb 1, 2024
The laws regarding leaving a 16-year-old child home alone after school can vary by jurisdiction, and Puerto Rico may have its own specific regulations or guidelines. It's important to check with local authorities or consult an attorney in Puerto Rico who is knowledgeable about family and child... View More
Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More
answered on Jan 25, 2024
La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More
My mother, in Puerto Rico, was evicted from a house she rented, and she promised her property to a tenant with a promise of sale, but my mother, 83 years old, needs it to live in. Can her eviction and her age be just cause for not selling the property and recovering it? Additionally, the tenant... View More
answered on Jan 25, 2024
In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More
I was recently at the house to clean. Lots of damage from the water throughout the inside of the house. She wants to put the house in my name...she still has a small balance on thd house to the bank
answered on Jan 15, 2024
If your mother wants to transfer her house to you, she must sign a "donation" deed via an attorney, which both parties must sign. If one or the two of you cannot be present for the signing, then a Power of Attorney could be prepared. As part of the requirements for a donation, the... 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.
We are all on agreement to sell the house except my deceased bothers’s kids. They never lived in PR, they live in the states. Can we sell the house without their consent? We are definitely giving them my brother’s portion of the sale.
answered on Jan 4, 2024
You cannot sell an hereditary estate when one or more heirs are against the sale. It has to be a unanimous consent; or else, you'll need to go before the Puerto Rico Courts. This would be the legitimate way to anull your nephews' and/or nieces' lack of consent. Living in the states,... View More
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
Property is in Puerto Rico, transactions occurred online and they kept the money paid to them by my guests. Not all but some.
answered on Dec 18, 2023
Your question does not state your cause of action for suing. Given that the company is in Florida, I'm assuming that they have no presence in Puerto Rico. In that scenario, diversity of (state) citizenship stipulates that you'd need to file the lawsuit in the Federal Court for the... View More
Ex. - Juan's mother dies in 2020. Juan inherits this property at this time. He is going to sell it in 2023 for 200K. Is 200K the taxable amount, or is the taxable amount a percentage of the appreciating value between 2020-2023? (Step up basis)
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answered on Dec 25, 2023
When Juan inherited the property in Puerto Rico in 2020, the basis of the property for tax purposes would typically be the fair market value at the time of inheritance. This is known as a "step-up" in basis. When he sells the property in 2023 for $200K, the taxable amount would generally... View More
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