I am married and have 3children and they are the only grandchildren of my parents. I want
To fix the house and live in it.
Do I have to do anything legally? I was told by my aunts and uncles I could live and fix my dads house.
It has been abondkanded by my mom for the last 11 years.
answered on Apr 19, 2020
Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to... View More 
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... View More
answered on Jan 23, 2020
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... View 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.
answered on Jan 2, 2020
Hello and thank you for using Justia. Happy New Year.
You will need to create an Estate for your beloved Father. This is done by hiring an Attorney in Puerto Rico to prepare the documents required to declare the inheritors.
First the search for a Testament will be done. If none is... View More
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... View More
answered on Jan 1, 2020
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... View 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
answered on Dec 12, 2019
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.
Pertaining to property and bank accounts
answered on Nov 20, 2019
Hello and thank you for using JUSTIA.In order for your Father to inherit from his brother, your Uncle, the
Is there a process for closing the account and distributing the funds? The bank said a letter is needed from siblings. We want to use the money to fix my moms house.
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answered on Nov 3, 2019
Greetings
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... View 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... View More
answered on Oct 30, 2019
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... View 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... View More
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answered on Sep 26, 2019
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... View 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?
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answered on Aug 13, 2019
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.
What you CAN do is hire an... View More
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... View More
answered on May 16, 2019
If they haven´t actually received the inheritance yet, they should resign it by subscribing a deed through an attorney.
How can I get a title established? I have a CRIM pin # and account # for her house. I also have
I also have the Departamento De La Vivienda Administración De Vivienda Rural certification.
Thank you,
Nancy Santiago
answered on Apr 9, 2019
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.
son. does mom really need to have copies of all the birth certificates plus the birth certificate of her dead son's son. Since mom cannot find her grandson can she still sell the house?
answered on Dec 8, 2018
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... View 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?
answered on Oct 18, 2018
Dear Reader:
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... View More
She is the only daughter alive, never married or has children. Does she need permission from her nephew or nieces to change the name on the deed. Her mother never made a will
answered on Sep 18, 2018
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... View More
Mom dead, need to change deed of land to her children names, can a brother change the deed for himself. We all live on US not Puerto Rico
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... View More
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.
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... View More
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... View More
The son in not on the bank account.
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
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
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... View More
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