Expert: Nancy Torres - 10/28/2009

Question
I recently found out that my brother's father is also my father although I have another man listed as my father on my birth certificate. Since finding my real father we have become very close and he wants to leave equal parts of his estate to my brother and I in his will but is being told he legally can't because I am not legally his daughter on paper. He was told the maximum allowed was 1/3 to me and 2/3 to his legal son. Is this true? I always beleived one could leave whatever to whomever in a will. Thank you for any advise you can give me, Wanda

Answer
Hola, Wanda.  
I appreciate your rating and your note.
Talking with your father and taking the necessary steps to assign properties and possessions now that he can decide so, is certainly the best you can do now.  
As you are living out of the Island, there are some laws, not only concerning inheritance but also related to taxes, that you should all be aware of.  Get the help of someone from Puerto Rico in the case that both of you are living out of the Island and in the event that you need assistance in the process.  For assistance concerning real estate in Puerto Rico, check the following link:
http://www.myrealtorinpr.com/

Buena suerte.
Recibe un abrazo desde Puerto Rico,
Nancy


Hola, Wanda.

I must say that you were correctly informed about the 1/3 part you could be allowed to in the case of your real father's will.  

The following are some quotations of an article on inheritance in Puerto Rico that will be of help for you to understand the inheritance laws in Puerto Rico:

"Puerto Rico’s inheritance laws affect everyone who owns real estate in Puerto Rico."
"The main law regarding estate succession and real property rights is the Puerto Rico Civil Code. A foreign property owner is not treated differently, nor is any distinction made under Puerto Rico law between foreigners of different nationalities or religions."
"Real property located in Puerto Rico is regulated by the laws of Puerto Rico. If the foreign law states that the applicable law for real property located in Puerto Rico is the law of the jurisdiction where the owner resides, such disposition is not valid under Puerto Rico law. The Registry of the Property for Puerto Rico will not register a real property transfer ordered by a foreign court without going through Puerto Rico courts."
"In inheritances concerning children and a will (testate successions) the forced heirs are entitled, in equal proportions, to one-third of the Puerto Rico Estate (the "legitimate portion"). Another third of the Puerto Rico Estate (the "betterment portion") is distributed in proportions determined by the testator in the will. The testator is free to bequeath the remaining third of the Puerto Rico Estate (the "free disposition portion"). In the absence of a specific testamentary disposition, however, the remaining third goes to the forced heirs. Thus, the forced heirs share equally in the Puerto Rico Estate, except to the extent any heirs are preferred through the will in the betterment or free disposition portions. In the absence of a will, the forced heirs inherit the entire estate in equal proportions."

Here is the link for the complete article quoted above:
http://www.globalpropertyguide.com/Caribbean/Puerto-Rico/Inheritance

As you see, inheritance laws are different in Puerto Rico.  In your specific case, you may also see it from the following point of view:  If your real father doesn't prepare a will before his death, you won't be one of the inheritors, as you are not listed as his daughter.  So, the only way for you to inherit will be through a will.  There are other ways, for example, through adoption - but I don't know if that is something that could be considered in your case.

The above represents my opinion out of personal common knowledge.  For legal information on this subject, you should get the advice of a lawyer.

It is my pleasure to be of help.

Saludos desde Puerto Rico,
Nancy

Nancy Torres Luna
AllExpert - Puerto Rico