daughter open a bank account under her name and he gave her funds to put in it. HIs wish was that when he passed she would distribute the funds per his wishes. Which she did. 2 weeks after his passing someone found a will and is now saying that the money in her account should be part of the will.... View More 
answered on Mar 11, 2024
That sounds like an inter vivos gift! Even if it was a joint account with rights of survivorship, that money typically would avoid probate and his daughter would be free to distribute it however she wished (maybe even if she didn't comply with your father in law's directions).
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
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
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
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
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
My parents were told they have to make two living wills separately even though they are married. We are three children in total, one of which is my mothers child from a previous marriage. Both my parent's name are in the house documentation.
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answered on Sep 5, 2023
A "living will" is an advance directive that expresses one's wishes with respect to end of life medical decisions. My guess is what you meant to write was "last will and testament" or simply "will". It is very uncommon for a married couple to make a joint will... 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
My father and mother were gifted (via Escritura), a piece of land with a house built on it by them in Isabela, PR by my Paternal Grandmother in 1983. The property was registered but as far as we know from bills from the CRIM and Property Registry they only show my father's name on the... View More
answered on Jul 18, 2023
After November 28, 2020, Puerto Rico rule of law determines that the heirs of an estate are the deceased's spouse and children. Before that date, the estate belongs to the deceased's children with an inheritance lien in favor of your widowed mother (called in Spanish, "la cuota... View More
The land in question was given to us with documentation; Escrituras, segregated and Registered at the Property Registry through a Notary (lawyer) one of my siblings recently filed for a 'Cambio de Dueño" I noticed on the Global Catastro that when they processed the change, they left the... View More
answered on Jul 10, 2023
I'm assuming the change in ownership to which you refer is with the Puerto Rico Municipal Income Collections Center ("CRIM", by its Spanish acronym). When more than two owners are involved (i.e., when a community property is filed with CRIM), there are two forms that should be used.... View More
My father who was a resident of Puerto Rico passed away. He had a house where the mortgage was more than the value of the house. The house is going into foreclosure and will likely not bring much money. Am I responsible for that debt or does the debt stop with the value of the estate?
answered on Jul 6, 2023
The Rule of Law in Puerto Rico for hereditary estates is that the heirs, having accepted their inheritance, subrogate themselves in the deceased place regarding the estate's assets and liabilities. If an estate is more debt than assets, the heirs may repudiate their inheritance. Be advised... View More
answered on Jun 9, 2023
You do not provide enough information to answer your question. Several factors that affect the costs are: how many heirs are there? Are they all alive? If any have died, did he/she leave descendants? Are these descendants all alive? Are any heirs minors (underage)? Did the deceased leave bank... View More
My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... View More
answered on Jun 1, 2023
You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... View More
¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?
answered on Mar 23, 2023
Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... View More
Property filed under name of spouse who developed Lewy body dementia and Alzheimer's. Can property be transferred to the healthy spouse? What rights, if any, do the children of the sick spouse have to the property in question? Do the children need to be considered in the transfer of property... View More
answered on Mar 6, 2023
Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... View More
As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity for the purpose of constructing a dwelling on the property?
answered on Jan 30, 2023
So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... View More
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