Legal Question in Real Estate Law in New York

If he intended to remain in Puerto Rico than this is a question of of Puerto Rican law, not New York. This is EXTREMELY complicated:

1. If there is a surviving Spouse

The property owned solely by the decedent, and one-half of the conjugal property is distributed as follows:

If there is one surviving descendant (e.g., child, grandchild), then the surviving spouse is entitled to one-third of the intestate estate in usufruct. The descendant inherits the remaining two-thirds of the estate outright and full title to the other one-third of the estate on the death of the surviving spouse. Usufruct is a form of life estate. It grants the recipient the right to use or enjoy the assets in question during life, but the recipient may not bequeath those assets at his/her death.

If there is more than one descendant, the spouse is entitled to a share equal to that which corresponds to each one of his or her children or descendants, with the spouse taking her share in usufruct and the descendants taking the remaining estate outright and full title to the usufruct share on the death of the surviving spouse. The descendants take their shares by representation, which is defined as per stirpes (proportionally divided between beneficiaries according to their deceased ancestor�s share).

If there are no surviving descendants, but there are surviving ascendants (e.g. parents, grandparents), then the surviving spouse gets one-third of the intestate estate in usufruct and the ascendants inherit the remaining two-thirds of the estate outright and full title to the other one-third of the estate on the death of the surviving spouse.

If there are no surviving descendants or ascendants, but there are surviving brothers, sisters, nieces or nephews, then the surviving spouse gets one-half of the intestate estate in usufruct and the siblings or nieces or nephews inherit the remaining one-half of the estate outright and full title to the other one-half of the estate on the death of the surviving spouse.

If there are no surviving descendants, ascendants, brothers, sisters, nieces or nephews, then the surviving spouse takes the entire intestate estate outright.

Additional laws apply if the widow is pregnant or if the decedent has been married twice .

2. If there is no surviving spouse

The property owned solely by the decedent, and one-half of the conjugal property is distributed as follows:

To the decedent�s descendants, with the children taking in equal shares and the other descendants taking by representation.

To the decedent�s ancestors (e.g., parents, grandparents).

To the decedent�s brothers and sisters, and children of deceased brothers and sisters.

To the decedent�s uncles, aunts, cousins.

3. Commonwealth of Puerto Rico

If there is no taker under any of the above provisions, the intestate estate passes to the Commonwealth of Puerto Rico.

WOW. You will probably need a Puerto Rican attorney to straighten this out.

I agree with Kevin that intestacy laws of Puerto Rico control if that was his domicile