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Puerto Rico Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Uncle signed a paper in the US, gifting his portion of inheritance from mother’s house in Puerto Rico to sister. Legal?

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

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

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Grandmother died in 2016, no will, aunt moved into house and wants to pay below market value to pay off siblings.

After grandmother died without a will, aunt entered house, removed uncle’s belongings & changed the locks.

Two offers from aunt:

Option 1 pay each sibling $5,000 for their share. $5,000 each for 7 heirs is $35,000 total valuation for house.

Option 2 threatened to go... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 5, 2023

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

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Aunt died and bequeathed money to siblings who died before her. Do their children inherit their parents portion?

We were told by executor that the siblings portion, since they have passed away, is cancelled. I

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 3, 2023

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

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: A family member mention that there was some money and it was posted in the newspaper, where do I start?

Mayaquez, PR is where my grandfather resided . Not getting much help from that side of family, was born in the US so not very close to them.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2022

When a close relative dies, such as the case of your grandfather, the first thing that needs to be done is whether the deceased died having left a Will or not. If no Will exists, a Declaration of Heirs must be petitioned from the Puerto Rico court. Depending on when your grandfather died, the court... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My aunt named my father and his cousin as heirs in her will. My dad's cousin passed before my aunt, are her kids heirs?
Nina Whitehurst
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answered on Jul 11, 2023

Your question cannot be answered without actually reading the will. Sometimes the will specifies what happens if an heir predeceases the testator. Sometimes it does not.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Father dies and 2 of the 4 sons are dead. He has a surviving spouse. In accordance with Puerto Rico law, what is Law?

How Will the decease’s assets be divided, when some of the children have died?

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2022

This is something that attorneys who work with estates would know better than civil litigation (the posted category) attorneys, but the question remains open for almost a week. I'm sorry for the family's loss. You could repost the question under Puerto Rico (see "show more... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2022

I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: If both myself and (apparent) sister go before the court for the declaration of heirs, we will both be required to show

a birth certificate, but the apparent sister doesn’t have a birth certificate with my father listed as her father nor does she have DNA results to prove a legal relationship. So what can she do to be eligible to receive my father’s inheritance? Can her and I perform a sibling dna test? Will... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

The test results only present a probability of kinship between 2 sisters, especially when related by only one parent. Photo comparison with grandparents and other relatives also help. How and under what circumstances DID your father recognize her as his daughter?

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father died in 2021. His known descendant is me (his biological daughter). However, he claimed another young

lady as his daughter too, that I don’t think is biologically his. Will this young lady have to provide proof that she is indeed an offspring of my father’s to inherit a portion of his estate?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

You don’t state what form did your dad’s recognition of your (apparent) sister take. If your dad recognized her as his legal daughter in a Last Will & Testament, she would only need to provide proof of identity. With no Will, you’d both need to go before the court for a Declaration of... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Four friends, two of which are a married couple, own property in Puerto Rico. Would a real estate trust be beneficial?

Upon death of one co-owner, it is deisred that the decedents share(s) pass only to the surviving partners.

This is the primary residence for the majority of co-owners.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 19, 2022

Puerto Rico Civil Code does not allow for donations to be made which may be perjudicial to an heir's share, should the donor die. That being said, a legitimate scenario would be for the two married couples incorporate or establish a commercial society, and transfer the property to the... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My grandmother is 94y old, of sound mind, PR resident. What is the average cost of drafting & filing a Living Will?

She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.

At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... View More

Elaine Shay
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Elaine Shay
answered on Aug 18, 2022

Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.

1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: My grandfather passed away in Puerto Rico and left money in a account. How does does 1 child become sole beneficiary?

Moving this over somewhere else. Sorry

Howard E. Knispel
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Howard E. Knispel
answered on Aug 16, 2022

This is not a Family Law question and is not in New York. This should be posted in the estates catagory and in Puerto Rico.

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I know I'm a beneficiary. Grandpa lived and died in Bayamon, PR. I don't have the will or know who the executor is. ?

So I repeat. No will. No death certificate. I'm a grand child so apparently not entitled to one. How do I find out who the executor is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2022

An attorney should be able to get you the death certificate and find out who the executor is if indeed you appear as the beneficiary on the will.

1 Answer | Asked in Family Law and Estate Planning for Puerto Rico on
Q: i need my fathers will from arecibo puerto rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

In order to procure your father's will, you first need to procure or provide his death certificate. With the certificate, we request a certification of will from the Office of Notary Inspections. Said certification will identify whether your father was testate upon his death, the will's... View More

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I looked up how to get my grandpa's death certificate, but everything says I can't be a grandchild. what do i do?

I know i am a beneficairy, but I don't have the will, and It says i am not entitled to the death certificate. I just want to reach the executor of my grandfather's estate cause they know I am a beneficiary and will tell me what I need to know. How do I find out who it is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 12, 2022

If the person passed away in Puerto Rico and you are a beneficiary, an attorney should be able to obtain the death certificate for you, as well as a copy of the will.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Puerto Rico on
Q: how do I get a copy of my grandfather's will in puerto rico

he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 25, 2022

I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Can you remove someone from an inherited property that's been living there without paying rent.

The party living there is the son of 1 of the 5 inherited people. They also have a son who is autistic and lives there as well. Will that affect any decision made by a judge in a court of law

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 20, 2022

First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party... View More

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