My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.
If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...Read more »
If your parents did not leave a will, which is the overwhelming number of cases, then that is legally impossible to have happened. In particular, if the inheritance transfer process was indeed completed, the Property Registry will actually require and verify the Declaration of Heirs and can only...Read more »
It´s difficult to offer an estimate without first looking at the details of your case, particularly the will and the details of the real estate. There are a number of steps to take by the attorney, which, in a nutshell, are: 1) validation of the will, 2) Inheritance Estate Form with the PR...Read more »
Yes, your siblings are entitled to the mother´s portion. If you have paid the taxes, then you can arrange with them for a credit on your behalf. It is important that inheritances be transferred and finished promptly to avoid the possibility of extra taxes or problems related to the passing of time.
The home isn't purchased yet. Sellers will only sell to her not me. I'm going to give her the money for a cash deal. How could I get a contract with her to protect myself and how do I transfer in my name after the purchase and what's involved
In Puerto Rico my grandmother passed and her 4 children inherited her home. The paperwork and the home were completed and now they are the sole owners. One of the 4 died, now there are 3. The one that passed had a daughter but she passed away as well, but she has a son that is alive.
Yes, the grandson becomes the 4th owner but that is not automatic since the inheritance transfer would first need to be done for the co-owner that died and also for the daughter as well; two separate probate cases.
Hello and thank you for using Justia. The first thing that needs to be done is to qualify you for the transfer of the mortgage account. If the holder of the note accepts the transfer and/or the substitution of the debtor then a new Deed will need to be executed in your name and then submitted to...Read more »
My wife listed our property for sale without my consent. I only recently found out. It’s been on the market for a year now again without my knowledge. Can a realtor list the property without my consent? Will my spouse be able to sell the home without my consent? We both reside in NJ. Please... Read more »
Hello and thank you for using Justia. Under local laws, both spouses are equal owners and admistrators of the property. As an administrator of the marital society, all acta have to be in benefit of the society. Thus she can hire a Realtor and list the property for sale, however no transfer of said...Read more »
Before my brother passed away a year ago he made a will had it witnessed and notarized in his county of residence in FL. In the will he left equal parts of the house enherited to his mother, his niece and his only daughter. His life insurance and bank accounts were left 100% to his mother. How can... Read more »
Hello and thank you for using Justia. Under Puerto Rico Inheritance Laws, one-third of all belongings are reserved for the children. Thus the Testament (Will) made in Florida would not be a legal document in Puerto Rico since it violates the Inheritance Laws of Puerto Rico. Thus under local Law,...Read more »
Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will and now she wants to sell. She was the beneficiary on his 401k. Does she have full ownership of the home now and if not what steps must she go through to sell the home. He does have a some... Read more »
Hello and thank you for using Justia. You first have to define joint ownership. If the property is registered in the Property Registry Department un both names then we have a legal Community Property Society.
Once this is established, an Estate must be created for Probate. You have stated...Read more »
In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another... Read more »
Hello and thank you for using Justia. You will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said...Read more »
Hello and thank you for using Justia. You Will need to file in Court a judicial process for Declarations of Inheritors. Once the Court has issued a Resolución, the next step is to file the Inheritance Tax Return requesting a Tax Reléase. With said Tax Reléase the property Inheritors will be...Read more »
Hello and thank you for using Justia. She can get all the information related to her property visiting the Property Registry Department or the CRIM Office. Both agencias have web sites for online viewing of the information. You can also hire an Attorney to do the research for her.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.