Puerto Rico Estate Planning Questions & Answers

Q: My husband is buying a property in Puerto Rico which he will put under an established Real Estate LLC which he owns.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on Mar 27, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. An LLC corporación is one which does not have stock holders but rather administrators of the corporation. If the purchase is made with money from the marital community then the marital community is the administrator of the LLC and you would be administrator of 50% of the percentage of your husband in the LLC. A wife is not an inheritor unless the deceased husband has no living children or parents. Thus in answer to your question if your husband at his time...

Q: Does Puerto Rico have a "Small Estate Affidavit" or equivalent legal document?

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Answered on Mar 19, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Puerto Rico does not have a Small Estate process. The only way to liquidated assets of the deceased is by probate through the Court. This is done by filing a petition with the Court.

The first step is to get a certified copy of the Will through the ODIN Office. They are whom has the original document registered. The second step is to file the petition with the original Will in the Court. The Court Will validate the Will and give it authourization....

Q: How long does it take to get a court date in Puerto Rico for a divorce?

1 Answer | Asked in Estate Planning and Divorce for Puerto Rico on
Answered on Feb 19, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. This año depends on what grounds you have filed the divorce under. A mutual consentimiento case is usually one week but a infidelity case can be more than a year. The average usually is 90 days to 6 months.

Once you file the Court automáticamente gives 30 days to Answers the claim and 60 days for Discovery. Do the fastest is 90 days if every thing goes as planed. However in law nothing ever goes as planed. Thus it is a good bet that your first...

Q: my father passed away 5 years ago. mom wants to sell the house but she has 9 kids. one son is dead and we can't find his

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Puerto Rico on
Answered on Dec 8, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then we would need his birth and death certificate. The grandson would then be the inheritor of his deceased Father's share in your Father's estate. If the grandson was born in Puerto Rico his birth certificate can...

Q: My mom is in the process of closing my deceased father's bank account in Puerto Rico. I have two sisters that

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Answered on Oct 18, 2018
Naomi Jusino's answer
Dear Reader:

You can sign a power of attorney, but to be valid in Puerto Rico, you will need to send the document in original with a certification of the County Clerk. Once they have the document in Puerto Rico, the will need to attend to a Notary Public so that they can validate it and can be used.

Q: For a will, Must the parent include all the children in the will

2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on
Answered on Sep 6, 2018
Naomi Jusino's answer
Dear Reader,

The answer in first hand is yes.

A reason to exclude children is that the Testator disinherit a child in the will. If not, the Will can be contested.

Q: Do you have any right to widow inheritance or fee in Puerto Rico if you are not living with your spouse for 30 years?

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Answered on Aug 18, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. In Puerto Rico a marriage can only be ended two ways thatis by death and by divorce. Thus your mom by virtue of civil law is the legal widow and does have inheritance rights of half of your fathers estate since all purchases and net gains during marriage are of marital property. When one gets married the couple automatically creates a marital property society which means that all properties, goods and net gains or losses belong to the marital...

Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. There are various questions you need to be answered before you accept such as is there a mortgage, is this her only property, are there any children (future inheritors), is it tax free, any liens, ect. The first thing you should do is have a title search done to find answers to your questions. Once this has been done you will then know the economical burden if any and if the deed is free and clear of any claim. The next step is to verify the future...

Q: My father-in law passed & had a Joint bank account with his daughter. 1 other son, how is that divided? No will

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Since he passed away with no will ( intestado) an estate must be created. This is done by filing a petition in court to name all inheritors. Once the court issues resolution, you mst file an inheritance tax return with the local tax office (Hacienda). With the tax release that is issued by the tax department you go to the bank and they will issue a check in the name of the inheritors. Each inheritor is entitled to 50% of the monies belonging to the...

Q: Need a legal aid dept. that can assist w/Declaratorio de Herederos in for senior collecting social security in PR

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on May 10, 2018
Ramon Olivencia, Esq.'s answer
Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.

Q: My husband passed. He has 3 children located in the US. Do they have right to all of his assets or just his property?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Nov 30, 2017
Naomi Jusino's answer
For the estate and assest located in Puerto Riro, the local law applies to the heirs.

If he died without a will, you will need to complete a declaration of heirs and all the children will have rights as well as the widow.

Q: My grandmother passed a year ago. I currently live in the US And don't know how to find out if I am on the will

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Sep 17, 2017
Ray Choudhry's answer
Did she own any real estate in Illinois.

If not, you will need to consult a lawyer where she was a resident.

It is possible that the properties were in joint names so that probate was not needed.

Q: I have 1/3 of an inheritance sitting in the courts in Bayamon since 2016. I have the file #. How do I retrieve my money?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Jul 3, 2017
Ramon Olivencia, Esq.'s answer
It has to be done in writing through the court, via the Accounts Division, but it´s usually difficult to find someone who is English-speaking. However, a lawyer will be able to get the money in a relatively speedy manner. Feel free to contact us if you want this to be taken care of right away.

Q: if I sent a power of attorney for the purpose of inheritance and in return i was asked to sign a special power of

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on Jun 20, 2017
Ray Choudhry's answer
1. You never sign something you don't understand.

2. You don't do anything until someone explains why you are being asked to do it.

Q: I'd like to appoint two people as my executors - is that okay?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on May 15, 2017
Naomi Jusino's answer
Yes.

Under the laws of Puerto Rico you can have as many as executors you want always under the right Power of Attorney.

Q: My dad passed away. The house was under his name but he married for over 20 years. Who inherits his property?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Apr 18, 2017
Naomi Jusino's answer
Hi,

Under Puerto Rico laws, the right heirs of your father are his daughters or sons and the widow. If he made a Will, the document will state who are the heirs.

Q: My mother is on a fixed income and is a resident of PR. She can't afford 600.00 for a will. Any affordable options?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Apr 18, 2017
Naomi Jusino's answer
Hi,

The cost of a will in Puerto Rico will depend on the Notary Public that you contract.

There are some options for indigent people such as: Corporacion de Servicios Legales de Puerto Rico an Pro Bono de Puerto Rico.

If your mother doesn't qualify for any of these programs you can contact a Notary Public in Puerto Rico and try to settle a payment plan or lower costs for the service.

Q: What steps are required to transfer everything into mine and sister's names if mother recently passed w/o a will?

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Answered on Apr 18, 2017
Naomi Jusino's answer
Hi,

If your mother passed without a will, and if she left estate in Puerto Rico, you will need to initiate a process of Declaration of Heirs. For this process you will need to file a Petition in the court with jurisdiction, present evidence of the Death Certificate, if she was married a Marriage Certificate and birth Certificate of all the heirs. After you receive the Resolution from the Court you will need to file some documents in the Department of Treasury and as after a few...

Q: Property Registry, Inheritance and Reverse Mortgage

1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Puerto Rico on
Answered on Apr 11, 2017
Robert A. Velez-Montes' answer
Most likely a "Declaration of Heirship (Declaratoria de herederos)" , and a form to the Treasury Department needs to be filled in order to register the house in the Property Registry to the heirs. Also your husband can donate his participation in the heirship to his mother. All that needs to be done before doing any transaction with the house (selling, mortgage, etc).

Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?

2 Answers | Asked in Estate Planning for Puerto Rico on
Answered on Mar 27, 2017
Terrence H Thorgaard's answer
Was it a notary public or a civil law notary? Apparently Puerto Rico, although a U.S. possession, does have civil law notaries, who can write wills.

But the important question is whether the will is effective. You have posted this question in the Florida law section, so I am assuming you want to know if the will can be admitted to probate in Florida. If it was executed with the formalities required of wills in Florida, yes, it probably can.

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