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

In Puerto Rico, you'll need more than an affidavit for your dad to sell what is an hereditary estate community. Both you and your brother must subscribe a power of attorney deed, empowering your dad (as your agent) to sell the real estate property, which must be clearly identified in the power... View More

Property taxes on an hereditary estate are the responsibility of all of the heirs, not just one of them. Any one of you can pay the CRIM taxes. At the time of dividing the estate, the heir that paid the taxes may recover the portions of said payment that should've been paid by the other heirs.

Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... View More

I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... View More

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... View More

Regardless of whom your selling your participation to, the Puerto Rico Notary Law requires a notary to identify the personal circumstances of each person who appear before him/her to subscribe a deed or sworn statement. Each person must demostrate that he/she is of legal age, and provide the... View More

The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. If your niece does not want to sell, you can take her to court in an estate liquidation lawsuit. Your mom and the other heirs would be the plaintiffs. Your niece would be the defendant. If she does not... View More

That "resolution" you mention must be examined to ensure precisely what it entails. In general, however, the process to relinquish or renounce an inheritance will depend on the year of the passing, given that there is a new recent Civil Code in effect. For instance, if the passing was... View More

Normal sales option contracts require that a buyer provide an option to take the proposed real estate off the market during the sales term. You may not have received money, but the realtor may have received an option deposit to be kept in an escrow account until the sales deed is signed by the... View More

First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After... View More

In general terms, you should start by procuring either a Title Study or a Registry Certification from the Property Registry, to certify that you appear as owner of the real estate property. Next, you need to retain the professional services of a civil engineer, who'll prepare a plot plan... View More

As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... View More

If your father never married, any property he purchased belongs solely and exclusively to him. In Puerto Rico, the common law wife has no rights as to property acquired by your father. Regardless of whether his companion lives or dies, any proceeds from the sale of his property belong exclusively... View More

The certificates you require are not provided by the court. They're provided by different government agencies in Puerto Rico, as described below. The cancellation of stamps & tariffs on the certificates designate them as originals, and are, thus, not notarized (sworn).

Vital... View More

The Puerto Rico Civil Code and relevant jurisprudence clearly states that no commoner (co-owner) may be forced to remain in a property community, which is what you and your 3 siblings have. If you do not want to sell your share but have the resources to buy out your siblings, you may do so.... View More

I'm assuming that you are referring to an options contract subscribed. I advise that you prepare a letter and send it via certified mail with receipt confirmation, whereby you (a) refer to the appraisal amount; (b) refer to the specific contract terms providing for good faith negotiation in... View More

I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering... View More

The property must be segregated by way of a deed. Although this can be accomplished in the sales deed, you cannot segregate a property without procuring required legal permits beforehand. The quickest, most expedient way I recommend would be for you and your sister purchase the land and register it... View More

No, she cannot sell the house without involving their children. Assuming that the house was bought by both grandparents, your grandmother owns only half of the property, since the other half is to be divided among his children.

If he passed away after the new Civil Code of November 2020,... View More