Get free answers to your Estate Planning legal questions from lawyers in your area.
My mother and father were legally married at the time of my mother's passing. They own a home in PR but both have children from previous marriages. What are my mother's children entitled to? Can we ask that her husband pay us her half of the home's value if he is unwilling to sell the home?
answered on Mar 17, 2022
Pursuant to Puerto Rico’s Civil Code, all of your late mother’s children have an hereditary interest in her entire estate.
Assuming that your parents did not have a prenup in place during their marriage, their house in Puerto Rico was jointly owned by both under a legal joint community... View More 
The Will she left only mentions giving to three of the grand children. What are the rights of the other 3 grand children with regard to the "forced heirs" inheritance laws in PR? Also since the house has a lien of $80,000 mortgage to the bank, how does that impact any sale or... View More
answered on Feb 7, 2022
Regarding your grandmother's will, upon the death of her children, her grandchildren become her legitimate heirs in their own right by representation of their parents. Thus, by leaving out three of her grandchildren without explicitly disinheriting them pursuant to the permissible causes under... View More
If my half brother and I are part owners of a house our father left us but I own majority of the house, can I sell The whole house to my daughter for a very low price? Even if he does not want to sell his part. Can I force the court to agree on selling the house? No one has lived in the house for... View More
answered on Jan 27, 2022
Several matters need to be addressed through your question. First of all, what you and your brother have are an "pro indiviso" interest in the property, which means that you may only sell your share of the real estate property; but you cannot sell the entire house: not to your daughter;... View More
They were born in New york & refuse to give original birth certificate. Can i obtain their birth certificate & how?. I want to buy home belonging to my parents
their grsnd parents . I can get their mother. My sister bc she was born in PR but not sure about her children.
answered on Oct 9, 2021
Having been born in NY myself, I can state that, the only ways to procure an original birth certificates for someone born there are (a) through the person him/herself, (b) through a parent, or (c) through a third party authorized by the person. I would advise that you contact an attorney who... View More
I am being ordered to fly from California to NY to sign documents and turn over my portion of the inheritance to him/them. I have asked for documentation repeatedly and he refuses to give me anything not even verbal information about the matter and now he is threatening to abandoned my father, not... View More
answered on Sep 6, 2021
First off, blackmailing you into resigning your inheritance is illegal. If your siblings have denied you access to documentation pertaining to your mother's estate (assuming that she died in Puerto Rico), you have the right to request said documents through the Puerto Rico Courts, by way if an... View More
To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.
answered on Sep 2, 2021
The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... View More
My father's eldest brother, who was unmarried with no children, passed away in 2016, leaving behind property & bank accounts. My father buried his brother and he and I began the process of Declaration of Inheritance, with a Lawyer in PR, from New York, where we live. My father paid the... View More
answered on Aug 15, 2021
I don't know what happened with your dad's attorney, but that kind of situation could be easily researched. First, by making sure that the attorney is still in office, that is, if he has not passed away or perhaps migrated, as happened with a number of colleagues particularly after... View More
My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2021
Greetings
Yes, a grandchild can claim for his her rightful inheritance.
He passed away last year and I cant travel due to being positive for covid. Is it true I was only suppose to have a year to claim the property?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2020
Greetings
You will have to evalaute whether if there's a need to bring to the court any other interested parties and hire legal representation. Now with this pandemic, there are ways to have a videoconference if the court is convinced that there's no need for you to be in person... View More
answered on Oct 23, 2020
You can obtain a copy via the courts at the same town/city where he lived or had his main real estate property, if any.
My grandmother estate was finally completed and told that Judge put my portion of the inheritance Into court system till I collect. I live in the states and it’s a pandemic so I can’t fly to P.R. to collect inheritance and I do not have money for a lawyer plus I don’t even know how I would... View More
answered on Sep 1, 2020
You need to hire an attorney, particularly since you don’t know the intricacies of our court system and you are from out of state. Besides, if you will be getting some moneys then it will be wise to
use a portion of it to pay for legal services. After all, it’s not that straightforward... View More
When a puertorican or legal resident in Puerto Rico dies in Puerto Rico, are all US territories, banks in the US, notified or only Puerto Rico and banks in Puerto Rico?
If only banks in Puerto Rico are notified, does that mean my son can use my debit card from an account in a US bank and... View More
answered on Aug 25, 2020
Hello and thank you for using Justia. The death of the holder is usually informed to the banks by third parties. There is no system of notificatión in Puerto Rico. Your son will be able to use your card as long as the Bank has not found out of the death. Your best bet is to make a Testament and... View More
Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... View More
answered on Aug 14, 2020
Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.
What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.
If you need additional... View More
Is there a tax with interest and penalty due. Value of Estate is around $4m. There has been 3 bad lawyers involved and internal as well as external fighting that has now lasted 17yrs from DOD. I am very concerned about potential liabilities. All born in PR, 3 live in USA and 1 still lives in P.R..
answered on Jun 8, 2020
Hello and thank you for using Justia. Very sorry to read that you have had horrible expirience with the prior three Attornys.
An Inheritance Tax Return must be filed as soon as possible. There will be a Tax liability on the value of the Estate plus penalties and ingrest fees. In addition... View More
My mom passed a away a few months ago. She owned a property in Puerto Rico that I would like to sell. She didn't create a will since I am her only heir. What steps do I need to take to sell the home. I live in Pennsylvania, so it's hard getting information. I do have the escritura, but... View More
answered on May 7, 2020
Before an heir can sell a property, it is mandatory that the inheritance process has finished. Therefore, the first step is to hire an attorney who you can work with. Currently, there are a number of lawyers working remotely so being in the USA is not a problem. Here is a summary of the steps... View More
Would like to inter them with his mother's ashes in Colombia (she passed away one month before him). He passed 4/29/2020 in San Juan Puerto Rico. Can we legally force his common law spouse to give up a part of the ashes? I live in Florida.
Thank you, Martha
answered on May 5, 2020
You are asking if someone in Puerto Rico who has your father's ashes can be made to send part of the ashes to Columbia? This is a matter of Puerto Rican law, not Florida law. So you should ask your question in Justia > Ask a Lawyer > Puerto Rico.
My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... View More
answered on Apr 21, 2020
Dear reader,
For the process you will need to request a certification to grant that the Will was the last one and hasn’t been modified. Before you can divide the estate or goods, you will need to fill some documents with the Treasury Department in Puerto Rico so the can give you the... View More
I am married and have 3children and they are the only grandchildren of my parents. I want
To fix the house and live in it.
Do I have to do anything legally? I was told by my aunts and uncles I could live and fix my dads house.
It has been abondkanded by my mom for the last 11 years.
answered on Apr 19, 2020
Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to... View More
Previous marriage. Together the only had one child which is me. My father is try to sell the house in Puerto Rico my mother didn’t not leave a will. Can her other kids receive money from the sell or no
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2020
Greetings:
In a simple explanation. When your mother passed away half of the estate passes to you father and the other half is divided between you and your relatives. In a more technical one, the estate gets divided in half first as we first explained and then it will get evaluated an... View More
My parents own 75% share of land in Rincon, PR. They now live in Virginia, and I live in Arizona. They have 3 separate legal issues with the land where people have built homes on my parents land many years ago. My parents have been paying property tax on the land but the 3 squatters have been... View More
answered on Feb 1, 2020
Hello and thank you for using Justia.
You mention squatters and this is a very important matter. If said squatters have lived on that property for more thirty years they can claim rights to said property and thus become the owners. It is urgent that you act now. A very good way to act is to... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
