Legal Question in Wills and Trusts in Puerto Rico

Special Power of Attorney requested by executor

I am a 1/6 heir to a Puerto Rico estate that owns real estate. I am being asked for a power of attorney giving the executor the authority to negotiate the sale of the real estate. I do not understand the necessity. Cannot the executor sell the property and pay debts and claims and distribute balance? If I need to give the Power, how do I protect myself (should I make statement in Power that ''I am not relinquishing any rights to my share of the estate nor to question probate proceedings.'')?

I realize this is complex and I may need to retain a Puerto Rico attorney.


Asked on 7/23/07, 7:07 am

1 Answer from Attorneys

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

Re: Special Power of Attorney requested by executor

The power of attorney is necessary to complete the deed. The notary public who executes the power of attorney should provide with the required counseling. Usually, the notary writting the deed in Puerto Rico is the one that drafts the power of attorney, although you may have to retain him for this specific purpose.

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Answered on 7/24/07, 8:54 pm


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