Legal Question in Wills and Trusts in Puerto Rico

The son of a deceased residing in Puerto Rico is the 1st recognized in PR as the beneficiary of any property in the event there is no will. If the surviving parent was not a legal spouse of the deceased what needs to be done for the child to receive insurance benefits under a U.S. life policy & how can the surviving parent that was not leagaly married to the deceased have access to the benefits?

Asked on 1/26/12, 9:39 am

1 Answer from Attorneys

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

The two matters are completely separate from each other.

The children, and/or their descendent, are entitled to all property of the estate in the absence of a will.

However, proceeds from life insurance are not part of the estate unless the eventual post-mortem estate is designated as the beneficiary. So, an unmarried or common law wife or husband may be named beneficiary without compromising the estate.

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Answered on 2/06/12, 10:04 am

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