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Inheritance and Property Rights/Inherited Property in Puerto Rico


My grandparents owned a house in Puerto Rico.  They both passed away.  My mother and my aunt petitioned for Declaration of Heirs.  Now my aunt recently passed away.  What happens now?  Does my mother automatically inherit the house?  Does she have to file a Quit Claim Deed?  How does all of this work?  What does she have to do now?

I can't advise on Puerto Rican law and you should get advice from a local attorney there.  However I can give you an educated guess.  Grandparents die leaving 2 children (your mom and aunt);  both survive grandparents then aunt dies -- now what?

The aunt's will if she has one dictates what happens to her share, and if none, then the intestate laws of Puerto Rico would apply.  I do not know what their law is on this.

My guess is no will;  if this was a California case her surviving spouse would get part of it  if she had children (i.e. share with them) and in Calif if no kids, then the surviving spouse would take her share.  

If no will, there's usually an elaborate formula to find an heir -- if no spouse, then to the kids; if no kids then sideways to her siblings (like your mom) and on it goes -- once an heir category is found with an heir in it, the search stops.

So it could go to her surviving spouse, or her kids, or both, or neither.

See if there's a will first.  Sorry I can't give you a better answer.  

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Probate estate and trust questions regarding California and Arizona estates.


I've been practicing real estate, probate estate and trust law in California since 1985 and in Arizona since 2005. I do NOT do homework questions. I am unable to advise on questions involving the laws of other states.

Arizona and California State Bar Associations and the Ninth Circuit Court of Appeals.

Business degree from the University of New Mexico Juris Doctorate from Lincoln Law School of Sacramento, CA

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