AboutJared Romey Expertise I live in Puerto Rico so can answer travel related questions, as well as adapting to the local culture. I own a business in Puerto Rico, so can also answer questions related to that and similar business issues. I CANNOT answer detailed legal questions, as I have had almost no experience in this area. This includes being unable to answer questions on inheritance, trusts, probate, etc.
Experience I have lived in Puerto Rico for 7 years, and have traveled the island (as well as surrounding islands) extensively.
Publications Book "Speaking Boricua", 2004, about Puerto Rican spanish slang.
Book "Speaking Phrases Boricua", 2005, about Puerto Rican sayings.
Book "Speaking Argento", 2009, about Argentine spanish slang.
Book "Speaking Chileno", scheduled for early 2010, about Chilean spanish slang.
Education/Credentials Master's in International Business, with a focus in Finance and Spanish
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 Melissa,
This is definitely a detailed enough issue that you should consult a lawyer. You should be able to find someone at www.superpagespr.com.
Generally foreced heirship applies, even if there is a will. In other words, the will is secondary to the laws of heirship.
Here is a link where you should be able to read a bit more about Puerto Rican inheritance law.
