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
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
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.
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
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 After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers.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
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
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.
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
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.
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
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
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.
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?
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
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
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
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
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
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
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...View 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...View 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...View More
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