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My father resided in Puerto Rico when he passed in 2022. Is it too late for me to pursue this issue? I've learned that the Executor of the Will has not started the process and does not intend to. They said there is nothing to inherit. I have a copy of his Will and I was named an heir.
answered on Jan 15, 2025
The court of first instance in the city where your father had real estate or where he resided would be the one to receive your claim. An executor cannot maintain that there is nothing to inherit unless s/he prepared a detailed inventory of the estate's assets, liabilities, and expenditures.... View More 
Before entering into real estate purchase, live in partner expressed verbally that even though only 1 person was entering a mortgage contract that any contributions made to improve the property will be compensated and accounted for before any profits of sale was split between the two parties. And... View More
answered on Nov 4, 2024
I am inferring from your question that your then live-in partner does not appear on the sales deed. If this is the case, your live in partner does not have a participation right in the real estate property, although he can have a right to receive repayment of the amount that he provided for the... View More
My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More
answered on Oct 7, 2024
Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More
excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?
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answered on Jul 2, 2024
This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More
My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More
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answered on Jun 25, 2024
Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:
1. Departamento de Hacienda (Department of Treasury):
This is indeed a good place to start. The Departamento de... View More
"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More
answered on Jun 20, 2024
In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More
require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More
answered on Jun 18, 2024
The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More
My father died without a will in Puerto Rico. Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the... View More
answered on Jun 17, 2024
First of all, I would need to know when did your father die. If he died after November 28, 2020, his wife is as much an heir as your father's children. Although your father may have designated his wife as co-owner of bank funds, once the banks are notified of your father's death,... View More
property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.
answered on Jun 17, 2024
You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.
If you decide to donate the real estate, both you and your children must... View More
what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?
answered on Jun 13, 2024
First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More
She has illegitimate siblings from when he was unfaithful. HOWEVER, she was still his 1st LEGAL HEIR. Now he passed away back in 2000 and apparently left his house in P.R. to my mom even though they never really had that tight loving father/daughter relationship. He tried to rekindle many times but... View More
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answered on Jun 10, 2024
In Puerto Rico, inheritance laws are based on the Civil Code, which can be quite specific about who inherits property. If your grandfather left the house to your mother in his will, she would be the legal heir to the property. Whether she accepts the inheritance or not is her decision, but it... View More
She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?
answered on May 23, 2024
So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More
Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm
answered on May 22, 2024
Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More
I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.
answered on May 7, 2024
Unfortunately, any property taxes owed must be paid by the heirs of the deceased owner. Whether you receive a bill from CRIM or not depends on whether you notified change of ownership. Assuming there are more than one heir, these taxes are proportionally imputable between the heirs. Legal liens,... View More
I paid the principle of over $40k. The dues are even more. I never received a tax bill until Jan 2024.
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answered on May 8, 2024
I understand this is a difficult and frustrating situation. Here are some steps you can take to try to dispute the fines and fees on the unpaid property taxes:
1. Gather documentation: Collect all relevant paperwork, including the will/trust showing you inherited the property, death... View More
i lived in my house since 1960, have evidence of history of gas and light in my name and a sworn declaration from the 1980’s and neighbors as witnesses. I’m currently in the process of an adverse possession to get a title.
1.) Do I have to wait and get a title in my name first and then... View More
answered on May 6, 2024
I'm assuming that an adverse possession in process means that you already have an attorney. I recommend that you consult this very question with your attorney. Nevertheless, with the information you've provided, (1) you need to wait to obtain the real estate title in your name; and (2)... View More
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answered on Apr 18, 2024
Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More
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
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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
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