A common misconception about estates in Puerto Rico is that it is up to the Executor (or “Albacea” in Spanish) to divide the estate. The truth is that it is the responsibility of the heirs to divide the estate. The executor’s rights, responsibilities and obligations are usually outlined in the testament. Anything not covered by…
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Para leer este artículo en español, pulse este enlace. What is a disinheritance? A disinheritance is the act by which a testator deprives a forceful heir from his or her legitimate portion of the estate, for a specific reason outlined in the Puerto Rico Civil Code. It is a resource provided by law to exclude…
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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…
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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…
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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,…
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