Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Puerto Rico Estate Planning Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

She has the deed and it is registered with the property registry in her county under her name. I am not sure if she owes any taxes etc. on the property but she has owned this land for over 30 years. The property needs maintenance as well. I am looking for some tips in the right directin on how... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

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... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father-in law passed & had a Joint bank account with his daughter. 1 other son, how is that divided? No will

The son in not on the bank account.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 11, 2018

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).... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Need a legal aid dept. that can assist w/Declaratorio de Herederos in for senior collecting social security in PR

My sister is a widowed senior, owns a home in PR, wants to make arrangements for her siblings for the future according to the Puerto Rico laws & requirements/above documents, or Affidavits? Three living children, two live in NJ, one lives with her in the home in PR. Thank you. Any advice... View More

Ramon  Olivencia
Ramon Olivencia
answered on May 10, 2018

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.

1 Answer | Asked in Estate Planning for Puerto Rico on
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?
Naomi Jusino
Naomi Jusino
answered on Nov 30, 2017

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.

1 Answer | Asked in Estate Planning for Puerto Rico on
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

My grandmother passed a year ago. I currently live in the US but my grandmother lived in Puerto Rico. Before she died she told me i was added me to her will and my father stopped speaking to me, Its been a year and I have not heard from anyone to give me any information regarding this will. From... View More

Ray Choudhry
Ray Choudhry
answered on Sep 17, 2017

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.

1 Answer | Asked in Estate Planning for Puerto Rico on
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?

My mother passed away in 2010. The lawyer that represented both my sisters is unable to help me because he represented them. My sisters and I have no contact at all and the money was divided by the courts in Bayamon, PR. I need to know which division within the court I should contact, as I have... View More

Ramon  Olivencia
Ramon Olivencia
answered on Jul 3, 2017

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.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
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

prepared by an attorney in Puerto Rico, is this the law there? Do i have to sign it? This POA was given to my stepfather who is the seller and it is his attorney. They are in the process of closing and are waiting for me to sign. i don't really understand the verbiage since it is in spanish... View More

Ray Choudhry
Ray Choudhry
answered on Jun 20, 2017

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.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: I'd like to appoint two people as my executors - is that okay?
Naomi Jusino
Naomi Jusino
answered on May 15, 2017

Yes.

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

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My dad passed away. The house was under his name but he married for over 20 years. Who inherits his property?

The house is in Puerto rico

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

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.

1 Answer | Asked in Estate Planning for Puerto Rico on
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?

I'm looking for a Legalzoom type of self-help option.

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

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...
View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: What steps are required to transfer everything into mine and sister's names if mother recently passed w/o a will?

Must the lawyer have copies of checking/saving account info, etc. to complete this process? Can you give an approximate cost to complete the process? I have been told a wide variety of costs and am quite confused about this whole process.

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

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...
View More

1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Puerto Rico on
Q: Property Registry, Inheritance and Reverse Mortgage

My mother-in-law is looking to get a reverse mortgage on her house. We discovered that she and her late husband are the people who hold the mortgage, her late husband is the registered owner with CRIM but her parents are the who the property is registered with with the Property Registry.... View More

Robert A. Velez-Montes
Robert A. Velez-Montes
answered on Apr 11, 2017

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... View More

2 Answers | Asked in Estate Planning for Puerto Rico on
Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 27, 2017

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...
View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: I am an only child to a Puerto Rican father.he lives in PR. He has property their. Do I inherit it when he passes?

I live in Florida. And we do not have a close relationship.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 5, 2017

It's a question of Puerto Rican inheritance law. You might want to contact an attorney there in PR.

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Im from Puerto Rico I prepared and notarized my will in New Jersey. Would that be valid in puerto rico?

Im afraid of loosing it. Who can hold the will?

Miraisy Molina-Ruiz
Miraisy Molina-Ruiz
answered on Oct 17, 2016

It really doesn't matter where you prepared your will. The important fact is that the will meets the legal criteria needed in Puerto Rico. Have a lawyer have it checked just in case.

1 Answer | Asked in Health Care Law, Elder Law and Estate Planning for Puerto Rico on
Q: Is a spouse able to make healthcare decisions if there is no advanced directive or power of attorney?
Miraisy Molina-Ruiz
Miraisy Molina-Ruiz
answered on Oct 17, 2016

Yes, a spouse can make healthcare decisions even when there is no advanced directive or power of attorney.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Do you have to have a separate will for propererty Puerto Rico if you have a Florida will
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 15, 2016

No, one only has a single "last" will and testament, but you should check with a PR attorney to be sure that the will complies with the law there.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: How do I go about getting myself removed as the executor of an estate in PR after my brother has already passed?

I was named as executor, but want nothing to do with the estate. My brother has five children; however, one is handicapped and under the guardianship of my brother's ex-wife.

Naomi Jusino
Naomi Jusino
answered on Sep 15, 2016

I will need more information of the case. But in general, in Puerto Rico for resign your part of the inheritance or the executor designation it has to be thru a public document before a Notary Public. If you are out of Puerto Rico and not willing to visit the Island for this purpose, you can give a... View More

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Boyfriend / girlfriend buying property

Basically we are buying property. If he dies before me....will his children take all or part of the condo. He doesn't want his children to get the property. Both our names will be on the mortgage. What do we do or have to do after we Sign.

We live in new York but the property is in Puerto Rico.

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Mar 20, 2013

The law in Puerto Rico provides heirs. In this case, the children are heirs and inherit the father's participation in the condo, including debts. However, the parent may grant a will and dispose of his property as he wills, but always observing the provisions on inheritance in Puerto Rico,... View More

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Diferencia entre seguro de vida y herencia?
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Dec 17, 2012

En general, en P.R la herencia comprende todos los bienes, derechos y obligaciones de una persona, que no se extinguan por su muerte. Por su parte, el "seguro de vida" es un contrato y se pagará a aquel designado en el contrato. No es parte de la herencia. Sin embargo, el viudo o la... 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.