AboutNancy Torres Expertise I can answer questions about places to stay in Puerto Rico. As I live and work here, I can also help people with their questions on what to do, where to go, local transportation, government offices, working/studying/vacationing in the island. I speak and write Spanish and English.
Experience I currently live in Old San Juan and enjoy museums, hotels, social and cultural events, restaurants and sightseing.
Education/Credentials BBA University of Puerto Rico, Minor in English
Awards and Honors Magna Cum Laude, University of Puerto Rico
Question Dear Nancy,
My late Dad, died 01/17/08 in Fajardo, he was domiciled in NY, but he owned an apartment in Luquillo, Playa Azul II, his wife,#4, now claims a right to the property, which she wants to leave to her own biological children of another marriage,ie: not my Dad's children, she has apparently 'started an action in Probate'. My brother and I know that the apt./ property was bought with Dad's money and we would like to claim a right to it.. What do we need do to protect our interest in this regard? Thank you so very much, Natalie
Answer Hola, Natalie.
You need a lawyer, my friend. I am assuming you are living out of the Island. I would suggest that you check if you have a relative here that can help you get the legal help you need. Even if you contract a lawyer, I recommend your having someone in the Island that can follow up, provide documentation, etc. If you don't have a relative in which you can rely, consider contracting a realtor. Even if you are not considering selling your property, realtors offer different kind of real estate services, including helping you contracting a lawyer that specializes in inheritance/real estate and can be your representative here.
This is useful information for you:
Puerto Rico laws grant rights of forced heirship to the children of the deceased. In inheritances where there are no children, but either one or both parents of the deceased are alive, then the parents are forced heirs. The surviving spouse of the testator also has benefits; under both testate and intestate succession, namely, a usufruct over a portion of the estate. The usufruct grants the surviving spouse the right to receive the income, rents and dividends derived from a portion of the estate. You will find this and more information on inheritance in the following site: http://www.globalpropertyguide.com/Caribbean/Puerto-Rico/Inheritance
Also, for your information, when someone passes away in Puerto Rico and had assets (real estate, bonds, savings accounts, etc.) the relatives must fill a Declaratoria de Herederos (with a lawyer) and get a Relevo de Hacienda (a release, in the Treasury Department). So, there is a procedure to follow before the property in Fajardo could be acquired by others. But, of course, don't let time go by - move your resources and get the assistance you need.
Buena suerte.
Saludos desde Puerto Rico, :)
Nancy
