Legal Question in Wills and Trusts in Puerto Rico

Forced Heirs Puerto Rico
I am preparing an estate plan for U.S. Citizens domiciled in the States (husband and wife) who own real estate in Puerto Rico--Rincon. Looking at the forced heir provisions of the PR Civil Code, it is not clear how the Civil Code applies to PR situs property owned by US domiciliaries. I was going to title the PR real estate in a revocable trust and looks like trusts are not effective to allow PR citizens to disinherit children in favor of spouse but wasn�t sure if could do so with PR situs property owned by US domiciliaries.

Asked on 11/05/07, 6:54 pm

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

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Re: Forced Heirs Puerto Rico

Stautes of conflict of laws are clear on this matter. Real estate property in Puerto Rico must be divided according to PR intestate law.

Answered on 11/06/07, 10:23 am

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