Legal Question in Wills and Trusts in Puerto Rico

Re: Power of Attorney

As your father's estate was in Puerto Rico, the probate laws require that such estate is divided pursuant to "intestate" provisions of the Puerto Rico Civil Code. A procedure must then be held to declare who are the heirs. When you are declared a heir, then proceedings may be commenced in the Puerto Rico First Instance Court to identify, account for, and distribute the estate; and your wife may represent you therein with a general power of attorney, but usually only through counsel. However if no court intervention will be required and the estate is distributed through a public deed and your wife's representation will include the sale or other disposition regarding real estate within the estate itself, then a particular power of attorney must be signed authorizing the particular transaction, the sale price and any other waiver that affects your percentage of participation within the estate.

Re: Power of Attorney

YOU CAN GIVE YOUR WIFE YOUR POWER OF ATTORNEY TO AUTHORIZE HER TO REPRESENT YOU IN THE ESTATE PROCEEDINGS. YOU DO NOT SAY WHAT THE FAMILY SITUATION IS (SURVIVING MOTHER? SIBLINGS?). SOMEONE MAY NEED TO BE APPOINTED TO REPRESENT THE ESTATE IN PR. FIRST PERSON ENTITLED IS A SURVIVING SPOUSE, THEN ALL CHILDREN UNLESS THEY DESIGNATE ONE OR MORE TO ACT FOR ALL. YOUR WIFE COULD NOT PERFORM THIS FUNCTION AS THE REPRESENTATION IS LIMITED TO BLOOD RELATIVES (DETERMINED AS TO PRIORITY BY STATUTE). IN THE ABSENCE OF A BLOOD RELATIVE, THE COURT WILL USUALLY APPOINT A LOCAL ATTORNEY. MORE INFORMATION IS NEEDED TO PROPERLY ANSWER YOUR QUESTION.