I’d like to thank Astrid Mangual for her comment regarding this topic on www.BoricuaLaw.com, which has prompted me to write about this complex relationship between a testamentary civilist jurisdiction such as Puerto Rico, and Common Law Wills such as those drafted and probated in the United States or elsewhere. First off, let’s start by stating…
Category Archives: Estates
No will? No problem…
To petition for a Declaration of Heirs in Puerto Rico, the first step is to verify if the deceased did not leave any testament among his or her personal items. After a thorough search of the deceased’s documents, the next step is to apply for a Negative Will Certification from the Puerto Rico Testament Registry…
Can I leave everything to my cat in Puerto Rico?
If I die, can my cat Fluffy inherit all my fortune? In Puerto Rico, instead of regarding the intentions of the testator as paramount, the inclusion of forced heirs is protected under our inheritance laws. While in Common Law jurisdictions, such as most of the United States, the final dispositions of the testator are protected,…
Do I really need a lawyer to divide an estate?
Actually, this is a simple question. No, a lawyer is NOT needed to divide an estate. PR Civil Code Article 1006 (31 L.P.R.A. § 2872) states that any heir who has no legal impairment to dispose of his/her property can ask that their inheritance be divided. The only problem is that ALL the heirs must…
Who inherits in Puerto Rico in the absence of a will?
This question is part of the ten most asked questions regarding legal matters in Puerto Rico. So many potential clients ask this question that it is considered a very common petition in PR courts. What is a “Declaratoria de Herederos”? When someone in Puerto Rico, or with properties in Puerto Rico, passes away without leaving…
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