Your question does not state when your uncle passed away. The answer to your question, depends upon your uncle's decease date, since a different Civil Code applies s of November 28, 2020. When a person dies without a will, the following hierarchy applies.
I'm assuming that the reluctant heir does not have the money to buy out his/her siblings and/or has not made a reasonable offer to the other siblings. If that's the case, the Puerto Rico Civil Code states that no co-owner should be forced to remain in community; not even in a hereditary...Read more »
Assuming the declaration of heirs file is at the court house, and assuming that you are an interested party (i. e., an heir, a court-appointed, administrator, or the executor), you can go to the court’s civil secretary, where they’ll let you know whether they have the file, whether it’s at...Read more »
Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of...Read more »
My grandmother passed in 2011 leaving me her house in PR. For many years a cousin, who was the care taker of the house lied and claimed the house had been sold. I recently found out the house and my grandmothers belongings are still standing and have merely been abandoned. Can I still claim this... Read more »
So long as the house is still in your grandmother's estate and you have proof of your hereditary claim, you can still claim the property. I'd advise procuring a title study of the property to confirm that it is still in your grandmother's name. Certificates of value and debt must...Read more »
The Will she left only mentions giving to three of the grand children. What are the rights of the other 3 grand children with regard to the "forced heirs" inheritance laws in PR? Also since the house has a lien of $80,000 mortgage to the bank, how does that impact any sale or... Read more »
Regarding your grandmother's will, upon the death of her children, her grandchildren become her legitimate heirs in their own right by representation of their parents. Thus, by leaving out three of her grandchildren without explicitly disinheriting them pursuant to the permissible causes under...Read more »
Having been born in NY myself, I can state that, the only ways to procure an original birth certificates for someone born there are (a) through the person him/herself, (b) through a parent, or (c) through a third party authorized by the person. I would advise that you contact an attorney who...Read more »
We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.
To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached...Read more »
I don't want to sell but my heirs do. My brother owes $40,000 in child support reason for his need to sell my sister really don't care about the house. Plus I'm in process of getting 75% of dad's social security benefits I'm on dialysis for life and I'm in peace living... Read more »
First off, I'm assuming that your father passed away in Puerto Rico. Although you state that he did not grant a Last Will and Testament, this fact should be confirmed through the Office of Notary Inspections ("ODIN", by its Spanish acronym). We must also verify that a Declaration of...Read more »
I am being ordered to fly from California to NY to sign documents and turn over my portion of the inheritance to him/them. I have asked for documentation repeatedly and he refuses to give me anything not even verbal information about the matter and now he is threatening to abandoned my father, not... Read more »
First off, blackmailing you into resigning your inheritance is illegal. If your siblings have denied you access to documentation pertaining to your mother's estate (assuming that she died in Puerto Rico), you have the right to request said documents through the Puerto Rico Courts, by way if an...Read more »
My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.
Hello and thank you for using Justia. The death of the holder is usually informed to the banks by third parties. There is no system of notificatión in Puerto Rico. Your son will be able to use your card as long as the Bank has not found out of the death. Your best bet is to make a Testament and...Read more »
Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... Read more »
My m9ther passed away in march and im in fl and can not travel (due to Covid)or get a hold of her attorney down there to see if she had a Will. She was with me in Fl when she got sick and passed. I cant get anyone to speak with us until i find this out.
An attorney can place a search at the Registry of Wills of Puerto Rico to find out if your mother left a will on the island. It is highly recommended that it is done via an attorney since he/she will know how to go about through that process while making sure to include all the necessary requisites...Read more »
My father lived in Puerto Rico along with my 3 siblings. I live in New York. He recently passed away and I went to Puerto Rico to see if he had a will I received a notice from the court that there was no will. I know the next step would be to go to court and establish that I am an heir however I... Read more »
You can hire an attorney to do a real estate property search, via a title search study. As well, that same attorney could search within the local banks for any accounts left by your dad. In any case, you would have to do a Declaration of Heirs, via an attorney as well, so that the courts can...Read more »
Would like to inter them with his mother's ashes in Colombia (she passed away one month before him). He passed 4/29/2020 in San Juan Puerto Rico. Can we legally force his common law spouse to give up a part of the ashes? I live in Florida.
You are asking if someone in Puerto Rico who has your father's ashes can be made to send part of the ashes to Columbia? This is a matter of Puerto Rican law, not Florida law. So you should ask your question in Justia > Ask a Lawyer > Puerto Rico.
My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »
For the process you will need to request a certification to grant that the Will was the last one and hasn’t been modified. Before you can divide the estate or goods, you will need to fill some documents with the Treasury Department in Puerto Rico so the can give you the...Read more »
Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to...Read 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.