Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of... Read more »
Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will...Read more »
My father still owes money to the bank in regards to four more payment but it is under my uncles name. The property had belonged to my deceased grandmother who currently has been set for my dad and uncles. My dad built a house on the property and I will like to know what to do to transfer it to me.
for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs... Read more »
Hello and thank you for using Justia. Happy New Year. If your parents we're legally married at the time of purchase of the land and constructión of the house without any prenupcial agreement, then most likely yes your Mother is half owner of the house and property. You Will need to verify the...Read more »
My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust
You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.
Yes, there is a court process that will help on distributing the funds, bonds, stock or property any property that belong to your late mother. This will allow you and your siblings to release the funds from the bank. If you have any other questions please feel free to contact me...Read more »
My sister has dementia and will pass shortly; in total, we are 5 siblings. She does not have a will/testament, nor does she have a surviving spouse or children. There is however, an estranged grandchild that lives somewhere on the island. Is the grandchild first in line for distribution of her... Read more »
Hello and thank you for using JUSTIA. No the Court will not do anything. If the grandchild never claims his inheritance then it is Lost. The siblings become inheritors only when your sister has no remaining inheritors (greatgrandchildren.) If no inheritor claims then the Government of Puerto Rico...Read more »
Great-uncle has property but no other assets. He’s single and no children. He was one of 11 children (6 full siblings and 5 half siblings). My great-uncle does not want any of his siblings nor their children to inherit his house or anything. I am his “tutor” aka guardian and the only one that... Read more »
Your great uncle "can" gift you the house now or he "can" gift you the house in his will. Whether he "should" do one or the other is an entirely different question. There are many issues for him to consider, especially with respect to lifetime gifts, including but...Read more »
My father has 4 children, can we attest those documents. Can we hire a lawyer to get those document, the deed to the property/land and marriage certificate in order to mandate the correct heir to the house?
It sounds like you want to contest the will in advance, before your father passes. That is very uncommon, the reason being that technically a will is not effective until death and can be changed any time up until then as long as the testator has capacity.
There are 5 living children who inherited land from deceased parents. 4 of the kids are giving up their share. Are all the kids still responsible for the payment of property taxes whether or not the property is sold, or if the government takes control of the property and demolishes the house on... Read more »
Hello and thank you for using Justia. This sounds very odd that CRIM would have the property accessed without the property being registered. You will need to search all records of past owners of said property to find out what went wrong with your Grandmother's registry of property.
Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then...Read more »
live there with my mom. I live in the US. The bank told her they need all four of us to sign for the funds to be paid out to my mom. Since i'm not there, what kind of document do i need to authorize any of my sisters to sign on my behalf? Would a power of attorney suffice?
You can sign a power of attorney, but to be valid in Puerto Rico, you will need to send the document in original with a certification of the County Clerk. Once they have the document in Puerto Rico, the will need to attend to a Notary Public so that they can validate it and can...Read more »
Good evening and thank you for using JUSTIA. The surviving daughter has to create her beloved mother's estate and file aprobate court proceedure. The court will then issue a decree naming all of the mother's children (dead or alive) members of the estate. The nephews and nieces will then...Read more »
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 »
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