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Puerto Rico Probate Questions & Answers
1 Answer | Asked in Probate for Puerto Rico on
Q: What is the procedure when widowed dad passes away and owned a home in P.R. He also had POA's for me & my two siblings

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 »

Naomi Jusino
Naomi Jusino answered on Sep 6, 2018

Dear Reader,

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.

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Do you have any right to widow inheritance or fee in Puerto Rico if you are not living with your spouse for 30 years?

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 »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 18, 2018

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 »

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).... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: My father in law perished during hurricane Maria on the island of culebra. There was No will and there is property

The sister has mental and addiction issues and the brother (my common law husband) is indigent. Can we start the process ourselves wo a probate lawyer ... we have no money to hire one

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Apr 14, 2018

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 »

1 Answer | Asked in Probate for Puerto Rico on
Q: My mom died and 12 days later my father died, both in Puerto Rico. They both received Social Security.

The bank froze their account with $1300 in it. My siblings and I live in US. Is it worth the trouble and $ to go thru probate? That is all they had. No real estate.

Andy Wayne Williamson
Andy Wayne Williamson answered on Nov 1, 2017

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 »

2 Answers | Asked in Contracts, Real Estate Law and Probate for Puerto Rico on
Q: Being my fathers only child, do I have any entitlements if removed from my fathers will and assigned to a non-relative?
Vincent Gallo
Vincent Gallo answered on Aug 12, 2017

In New York, you would have no rights, provided that your father made competent decisions of his own.

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Puerto Rico on
Q: hello I and my older brother and sister received an inheritance. Since I was away for a long time neither sibling will

let me know about the inheritance...what can I do about it

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 3, 2017

You could first try to see if there was any court case filed either through the judicial system per se or by contacting an attorney.

1 Answer | Asked in Probate for Puerto Rico on
Q: Does a will have to be file? Or does the lawyer that drew the will automatically Files it?
Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 26, 2017

The attorney will automatically file or register it within 24 hours of the signature.

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Q: My sister passed away and so did my Mom. My father had a house in P.R. and it is about to be sold by his other children

from another woman. Who becomes my sisters heir if both my Mom and Dad are deceased? and how is share distributed?

Barry Eran Janay
Barry Eran Janay answered on May 22, 2017

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.

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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 Family Law, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Does one need a signed affidavit from a lawyer to transfer name of ownership on a burial plot when owner has died?

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 »

Naomi Jusino
Naomi Jusino answered on Oct 31, 2016

Yes, is true.

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.

1 Answer | Asked in Consumer Law and Probate for Puerto Rico on
Q: My mother passed away leaving no assets but a $20,000 credit card bill.Under PR Law do her children inherit that debt?

Two of her adult children reside in Puerto Rico, and three reside inside the continental United States.

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

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.

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 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... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: My deceased father had a bank account in Puerto Rico, to which I am the beneficiary. What is process for claiming it?

I live in the U.S., as did my father when he passed away. I want to know what documents I need as beneficiary to the funds in the bank account?

Robert Jason De Groot
Robert Jason De Groot answered on Sep 14, 2015

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?

1 Answer | Asked in Probate for Puerto Rico on
Q: My mother died suddenly during a routine operation and left no will. How do I proceed?

My younger brother has begun selling my mothers belongs and kept several of her effects and all of the financial proceeds; plus her vehicle.

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Oct 1, 2014

In P.R., you must file in the court a petition for a Declaration of Heirs.

If you don't have good communication with your brother, it is strongly suggested that you seek a probate attorney ASAP in the area where the house is located.

1 Answer | Asked in Probate for Puerto Rico on
Q: My dad passed away in 2010 in Puerto Rico, my sister was in charge of estate. I was completely left out of will.

What can, or should, I do?

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers answered on Mar 1, 2013

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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