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. Spanish is my native language. I am also fluent in 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 Hi,
My parents are considering buying a property in Puerto Rico, and they just learned about the forced heirship and are a bit concerned and confused.
My mother was born in PR but my father was born in Peru, but is a U.S. Citizen.
Between them, they have 7 children--my mom had 1 previous to their marriage and my father had 4 before her, and 2 children together (myself and my brother.)
Many of the forced heirship questions involve those who did NOT have a will and my question is, what happens if both spouses do have a will and declare they want the property to go to each other in the case of one of them passing...does this mean that only 2/3 of the property can go to the surviving spouse and then 1/3 must go to the children only of THAT particular spouse. (i.e.--3 kids for my mom who she mothered if she died, or 5 for my dad if he died)? There is absolutely no way to ensure that all of the property rights go to a surviving spouse if there is an actual will or does it always have to be that 1/3 go to the children, whether they want it or not?
Thanks for any help you can provide.
Answer Hola, Melissa.
Before your parents buy a property in Puerto Rico, have them get the advice of a lawyer. In that way, they will know exactly about their options previous to acquiring a property in the Island.
I'll be glad to help you with your query, but first of all I must state that I am not a lawyer, so my reply will represent no legal advice, just common knowledge as a resident of Puerto Rico.
Forced heirship in Puerto Rico is valid, even in cases where there is a will. If your parents buy a property in Puerto Rico and prepare a will in the States and it is not based in the local laws, it won't be valid here.
In the cases where there is a will, the 1/3 to the forced inheritors applies.
Here are some links where you will find information about inheritance laws in Puerto Rico, making it easier for you and your parents understand better the local procedures: http://www.globalpropertyguide.com/Caribbean/Puerto-Rico/Inheritance http://www.mcvpr.com/CM/CurrentEvents/San-Juan-Star-Doira-Diaz.pdf
If you would like to have a realtor in Puerto Rico helping your parents with the process of buying a property in the Island, here is a link: http://www.myrealtorinpr.com/
If I can help more, just let me know.
It is my pleasure to be of help.
Saludos desde Puerto Rico,
Nancy
