My dad had Power of Attorneys for me and my two siblings when my mom passed away. I contacted his attorney But i feel that he is only working with my sibling whose not relating no information to me. I am considering contracting my own attorney. Also my dad gifted a check in a large amount before... Read more »
In Puerto Rico, once a person passes away, the heirs has to inform if the person had a Will. If not, they will need to start the process of Declaration of Heirs so they can take any decision with the estate left.
My father died in PR. He and my mom were legal married but separated only by common law, ages ago. About 30 plus years. She lived in ny and he travrlled. She did not remarry or have any other kids however he did have one son by another woman he was with for a long time under common law. My mother... Read more »
Good evening and thank you for using JUSTIA. In Puerto Rico a marriage can only be ended two ways thatis by death and by divorce. Thus your mom by virtue of civil law is the legal widow and does have inheritance rights of half of your fathers estate since all purchases and net gains during...Read more »
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)....Read more »
Yes you can. However, given the complexity of inheritance laws, particularly if you don´t live here or you don´t speak Spanish, it is highly recommended that you hire a lawyer, one that perhaps won´t charge you up front. In the long run, you will realize that for the amount of work, details and...Read more »
You might qualify for administration without probate but can’t say for sure without more info. If you have to hire an attorney the Cody of the attorney would like outweigh the value of the estate. Even if you figure out (on your own) how to do the probate your time is worth something per hour so...Read more »
Your sister's heirs are her next of kin, that would be her children if she had any, if she didn't it would be her siblings from her nuclear family such as you. Really there is a lot more to this and a full analysis is warranted by an estate and probate attorney.
My grandfather bought burial plots for him and my grandmother in the 80's in Puerto Rico. My grandfather passed away 2012 in Puerto Rico. My grandmother passed away two days ago in Puerto Rico. When I went to the cemetery in PR to make arrangements for my grandmother, I was told I need a... Read more »
In Puerto Rico, when a person passes away, if he/she didn't made a Will, the heirs will need to make a Declaration of Heirs. As the process takes time, the cemetery will require an affidavit establishing who are heirs of the person and that they authorize the use of the burial plot.
Yes. under PR law, heirs inherit both assets as well as debts. In this case, and with the information provided, I would suggest the heirs to resign their right to inherit. You should consult with an attorney since there are deadlines involved.
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...Read more »
Have you asked the bank? Usually you need at least a certified copy of the death certificate. What type of account was it? Was it a joint account with rights of survivorship or a pay on death account, or some other type of account?
In Puerto Rico, the law provides forced heirs. In general, the law reserves a minimum of 1/3 of the deceased estate to the forced heirs. A forced heir can be left out of the inheritance by disinheritance through a will and only under the grounds provided by law. If you were excluded of the...Read more »
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