Legal Question in Real Estate Law in Puerto Rico

property ownership

my mom & dad divorced when I was 3 years old. I'm now 55 years old and have lost touch with my dad. last I heard he lived in puerto rico and it was my understanding that he owned property. do I have any rights to any of it with or without a will. I doubt that he would even have a will and I do not think he ever re-married. I am his first born and never received anything from him so I need to know my rights. is it worth me going to puerto rico to fight for them?

thx


Asked on 4/20/07, 6:05 am

3 Answers from Attorneys

Pedro Joaquin Espinal-Paredes Espinal Law Office

Re: property ownership

According to the Puerto Rican Law, if somebody dies without leaving any known descendant, them his or her parents are the ones called to inheritance. If the are no parents them the brothers and sisters and nephews, if any, them his or her spouse. If non of the above are available them the government keep any active property or money left by the dead one.

Please, feel free to contact me by email or mobile phone to further clarified your doubts.

This does not constitute a solicitation or a legal advice derived from a lawyer-client relationship.

The Rules of Profesional Conduct in Puerto Rico prohibit any advertisement. Therefore, this is not an advertisement.

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Answered on 4/20/07, 9:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property ownership

Wouldn't the first step be to find out whether he is dead or alive? Your question doesn't suggest that you know. If he's still alive, you don't have any rights yet.

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Answered on 4/20/07, 9:56 am
Judith Deming Deming & Associates

Re: property ownership

First of all, there is no requirement that you receive anything from a parent, deceased or living, once you have become an adult. If your father dies without a will and has assets remaining after payment of his debts, then you may have an entitlement to an inheritance, according to the succession laws of Puerto Rico, which may differ from California. Please note, however, the fact that you were the first born is irrelevant, as that accords you no greater right than if you were the 10th born. Lastly, as I said at the outset, he does not have to leave you anything, and he can use or give away all that he has while he is alive, and /or leave a will giving all that he has to any person or entity he desires.

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Answered on 4/21/07, 5:00 pm


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