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We were told by executor that the siblings portion, since they have passed away, is cancelled. I
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
The home was purchased over 20 yrs ago by both for retirement purposes.
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
How Will the decease’s assets be divided, when some of the children have died?
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
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.
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
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
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
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?
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?
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
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
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
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.
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
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
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.
Moving this over somewhere else. Sorry
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.
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?
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.
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
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?
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.
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.
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
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
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
Will my spouse's children from his first marriage have any rights to the asset if placed in a trust?
answered on Jul 18, 2022
After November 28, 2020, a new Puerto Rico Civil Code came into effect. One of the primary changes regarding successions (probate law) has to do with the fact that the spouse is now as much a legal heir as the rest of your children. The Puerto Rico Civil Code also states that a person can donate... View More
My mother is a PR resident (I am not), and wants to gift her home to me before she remarries or dies. She also said she may want to still live in the home after she gifts it to me. She said she would gift the title, but still have it enscribed in her name. I want to accept her kind gift, but I am... View More
answered on Jul 18, 2022
First off, unless your mother donates the property to you by way of a deed the Property Registry would still register the real estate in her name. Once she transfers the property in fee simple to you, it needs to be inscribed in your name by filing a certified copy of the donation deed and of your... View More
All other assets are in and our permanent residence is in FL. The House in Puerto Rico is owned Jointly (JTWRS) with my wife. Per the FL will/revocable trust, my wife will inherit everything but if/when she passes, our three kids will inherit the assets equally, including the PR house. We... View More
answered on Mar 21, 2022
Typically, inheritance or probate norms vary depending on where the real estate assets are located. In the case of Puerto Rico, specific inheritance laws are in effect. You need to have a PR-licensed attorney look into your estate, given that we have what is called "forced heirs". The... View More
Outside of issuing an addiction notice , We have been in litigation for the last six years the 4 siblings have incurred legal and court fees that’s been a financial burden! Does PR Law support a civil case to recoup financial loses towards the sibling that refuse the sale of the home.
answered on Mar 21, 2022
To answer your question, I'd need to know what sort of litigation has been going on between you and your siblings. Upon the passing of parents who may or may not have granted their last will and testament, Puerto Rico Rule of Law provides heirs the chance to arrive at some form of agreement... View More
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