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... Read more »
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...Read more »
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...Read more »
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...Read more »
At this time, Puerto Rico does not have an inheritance tax. Nevertheless, if an heir residing in the states sells his/her share in a real estate property located in Puerto Rico, the proceeds of the sale are subject to a 15%-20% retention pursuant to the Puerto Rico Tax Code, so as to force the...Read more »
As a rule, banks prefer to personally deliver in hand checks to each of the heirs, unless an heir living abroad grants a special power of attorney authorizing someone else to physically appear to collect the funds. If you already have an attorney working the case and you cannot travel to Puerto...Read more »
Certain steps must first be addressed before determining who can collect.
With a copy of your late father's death certificate, a certification of Will must be procured from the Puerto Rico Office of Notary Inspections (I'm assuming that his Will was signed and subscribed in Puerto...Read more »
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...Read more »
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...Read more »
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...Read more »
My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... Read more »
A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's...Read more »
You need to repost your question under the Puerto Rico section not NJ as you have to have a chance of getting the right answer as here you will only get NJ lawyers and most don't know Puerto Rican law.
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... Read more »
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?
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...Read more »
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.
I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would...Read more »
I have my stepdad will which was created in 1994. He resided in Florida at that time. He passed away in 2007 in Puerto Rico. He did not have any children on his own. He was married to my mom and she also passed away in 2012. The asset in question is a house located in Puerto Rico. I was told by the... Read more »
Puerto Rico courts have jurisdiction, since your dad left an estate in Puerto Rico. The same holds true for your mom's estate, assuming that the real estate property you write off was jointly acquired by both of your parents. Your dad's will, if you have the original, may be eligible to...Read more »
The will left everything to 1 person, who is deceased, their 3 kids are heirs. The deceased had a brother and sister who were not in will but are being allocated 1/9th each of the estate value (1/3 of 1/3 forced heir dispost). 5 heirs are using 1 attorney and 1 heir has their own. The question is... Read more »
If the deceased left is entire estate to one person who is - I assume - a sibling, I take it to mean that the deceased died without a spouse, without descendants, and without living parents. The way you describe the proposed distribution, it seems that the deceased granted his/her Last Will &...Read more »
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