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Puerto Rico Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father passed away last year (2022) in Puerto Rico. How do I find out if a Will was left and if I was named?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 29, 2023

Assuming that your late father lived and died in Puerto Rico, and having a copy of your father's death certificate, a request can be made to the Office of Notary Inspections ("ODIN", by its Spanish acronym), with whom are filed all the wills subscribed in the Commonwealth of Puerto... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Probate for Puerto Rico on
Q: Q: My wife and I have found an abandoned propert in Puerto Rico that we would like to claim using adverse possession.

We have spoke to all the neighbors in the area and found the owner to be deceased and the place has been empty for about 6 years or since Hurricane Maria. How can we take the property in good faith. What actions need to be taken.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2023

Under Puerto Rico Rule of Law, you would need to be in pacific possession of said real estate property, openly, and (in the mind of your neighbors) as if you were the owners of said property. This would need to continue for 20 years, the go before a court of law to request said adverse possession... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: How to remove siblings as inheritors.

Mother died in Nov 2022 & step-father (who never had biological children) died the following Apr 2023. They left $12K in savings & home with an existing morgage. Four adult children (2 sons & 2 daughters) and dead spouse are currently named in the Certificado de Herederos. Two... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2023

Any repudiations must be formalized through a deed poll subscribed by the heir who rejects his/her inheritance. If an heir is gaslighting you, you'll need to take the case before a court of law. Who'll either order the heir to formally reply whether he wishes his inheritance or not. If... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: My brother has recently passed here in Puerto Rico and has left some credit card debts.

My brother was never married and he didn't leave a will. No one has ever cosigned for him. He doesn't own any property and was living in my Moms house. His only assets are his two bank accounts. One of the accounts paid the funeral expenses but there could be some money left in that... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

First off, I regret your loss. Did your brother have any children? If not, are either or both of his (your) parents alive? If so, your parents would be his heirs. If your parents have passed, then you and any other siblings that you may have would be the heirs.

In order to file a Petition...
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1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: My uncle passed and left no will, no children, and no spouse. His brothers filed a declaration of inheritance.

The brothers have been named the heirs. Does that now make them legally responsible to pay the mortgage on the house he owned? If they do not pay the mortgage and let the bank foreclose will their credit be affected?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2023

Succession Rule of Law in Puerto Rico states that your late uncle's estate is made up of his assets and his liabilities. Therefore, any mortgages and liens on real estate property would also have to be assumed by your late uncle's siblings. If the outstanding debts exceed the... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: What is process to inherit and change ownership of plot of land in Cidra, Puerto Rico, to 6 surviving siblings.

Both parents are deceased. The property is land only. A neighbor has built a structure - part of a house on a corner of the property. Siblings have paid back 14 years of back taxes 2 years ago when last parent died. Taxes continue to be paid and are up to date. How do we proceed to inherit the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 20, 2023

The probate process in Puerto Rico begins by procuring the death certificates of bith parents. Did they die in Puerto Rico or abroad? If the latter, you'll need to provide these. With the death certificates on hand, requests are made to the Office of Notary Inspections to determine whether... View More

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: I just found out my biological grandfather is died but I never meet him. My uncle told me he left property behind.

I have my mothers birth certificate that has his name but that’s all how can I find any information on him

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 8, 2023

I am sorry that you did not get to meet your grandfather.

Note -- you have posted this question to paTents not paRents. They look the same but patents is a field where attorneys help inventors protect their inventions.

You need to seek an attorney that works with PROBATE in the...
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1 Answer | Asked in Probate for Puerto Rico on
Q: My dad passed away in Puerto Rico in August 2022. My uncle called me and said that my dad had a open bank account.

My dad didn't have a will but my uncle said that he notified the bank that my dad had 2 kids and no wife and that he would like the money to be given to us both equally. I live in Florida.

Now I lost communication with my uncle and he didn't give me the name of the bank or account... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

It appears that you need to contact an attorney in Puerto Rico. Your question has nothing to do with Florida law.

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Uncle signed a paper in the US, gifting his portion of inheritance from mother’s house in Puerto Rico to sister. Legal?

Grandmother died in 2013 without a will and she had seven children/heirs. The house remains in my grandmother’s name to this day, and my aunt moved in and took control of the house without the consensus of all the heirs.

My aunt made a document for my uncle to sign in the U.S. in... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

There are three ways in which an heir can transfer his/her hereditary rights to another: by ceding said rights to another, by donating the rights or by repudiating his/her inheritance. The first two must be done by subscribing a deed (escritura) before a notary, with both the donator and the... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Grandmother died in 2016, no will, aunt moved into house and wants to pay below market value to pay off siblings.

After grandmother died without a will, aunt entered house, removed uncle’s belongings & changed the locks.

Two offers from aunt:

Option 1 pay each sibling $5,000 for their share. $5,000 each for 7 heirs is $35,000 total valuation for house.

Option 2 threatened to go... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 5, 2023

From the scenario that you paint, Option 2 (going through the Puerto Rico courts) seems the better alternative. It will force an appraisal of the real estate, to determine each heir's share in the estate. Any expenses incurred in maintaining the property or even increasing its value will be... View More

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Aunt died and bequeathed money to siblings who died before her. Do their children inherit their parents portion?

We were told by executor that the siblings portion, since they have passed away, is cancelled. I

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 3, 2023

I'm assuming that your aunt left a Will upon her demise. The date of your aunt's death will determine the answer to your question. If your aunt died before November 28, 2020, her estate is subject to the Puerto Rico Civil Code of 1930. After November 28, 2020, her estate is subject to the... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: The lawyer in Puerto Rico has stated that the Island Gov't. will take 20% of the funds for taxes. I am on S.S.Disability

I pay no taxes in the states. Will that make any difference on the 20% Tax?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

At this time, Puerto Rico does not have an inheritance tax. Nevertheless, if an heir residing in the states sells his/her share in a real estate property located in Puerto Rico, the proceeds of the sale are subject to a 15%-20% retention pursuant to the Puerto Rico Tax Code, so as to force the... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: My father's will/estate has been settled in Puerto Rico and we all know what we're recieving, but the lawyer said I

Have to travel to the island to get my funds. Is this correct?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

As a rule, banks prefer to personally deliver in hand checks to each of the heirs, unless an heir living abroad grants a special power of attorney authorizing someone else to physically appear to collect the funds. If you already have an attorney working the case and you cannot travel to Puerto... View More

2 Answers | Asked in Probate for Puerto Rico on
Q: I live in Tennessee as did my father when he passed away in 2020. He owned a residence in Puerto Rico and a will distrib

Assets. Do I have to go to Puerto Rico to receive my money?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

Certain steps must first be addressed before determining who can collect.

With a copy of your late father's death certificate, a certification of Will must be procured from the Puerto Rico Office of Notary Inspections (I'm assuming that his Will was signed and subscribed in Puerto...
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1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Upon the death of my father, will my mother be sole heir of her home in PR, although he had kids outside the marriage?

The home was purchased over 20 yrs ago by both for retirement purposes.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 9, 2022

You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: A family member mention that there was some money and it was posted in the newspaper, where do I start?

Mayaquez, PR is where my grandfather resided . Not getting much help from that side of family, was born in the US so not very close to them.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2022

When a close relative dies, such as the case of your grandfather, the first thing that needs to be done is whether the deceased died having left a Will or not. If no Will exists, a Declaration of Heirs must be petitioned from the Puerto Rico court. Depending on when your grandfather died, the court... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2022

I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to... View More

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Is my dad’s second wife entitled to half the house he owned in Rincon, PR?

My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 14, 2022

A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: Under Puerto Rico inheritance laws do all heirs have to be present to collect their inheritance money from the bank
H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 15, 2022

You need to repost your question under the Puerto Rico section not NJ as you have to have a chance of getting the right answer as here you will only get NJ lawyers and most don't know Puerto Rican law.

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