Legal Question in Wills and Trusts in New York
Inheriatance of property in Puerto Rico
My mother passed away November 2009 in Aguadilla P.R. My mother drafted a Will with a family attorney years ago. My younger sister and I are her only surviving children. It is almost 2 years now and this Will has NOT been executed. I spoke to the attorney in PR ( I live in New York) who claimed he did not know my mom had passed. My sister is refusing to abide by the Will and I dont really know how I can handle this issue from New York since my job does not allow for me to take an indefinite amount of time to resolve this issue. The attorney tells me that he has no responsibility in this matter. Is there anyone in New York who might be able to look at the Will and give me some direction?
3 Answers from Attorneys
You must retain an attorney in Puerto Rico.
Mike.
I would be happy to look at the will and to advise you as to how to proceed. Please note, however, that I am not admitted to practice in the territory of Puerto Rico.
You should be aware that there are ways to compel a person to seek to probate a will.
When you say that the will has "not been executed," I assume that you mean that the will has not been offered for probate. If that is the case, steps should immediately be taken -- two years is simply far too long to sit with a will without starting a probate proceeding.
It is possible, of course, that the will has been revoked. Revoking a will requires nothing more than that the testator rip up the document. If that is what happened, or if no will can be found, then the laws of intestacy would control, in which case you and your sister may well be the only beneficiaries (I can't know for sure, because I do not know which relatives survived your mother).
If you'd like, you may feel free to contact me: Michael S. Haber, 225 Broadway, Suite 3010, New York, NY 10007 (212) 791-6240, e-mail: [email protected].
Good luck to you.
If the document is an original, not a copy, the Executor must submit it for probate in PR. If you do not have an original document, you can apply there to be appointed administrator of the estate. As administrator, you can appoint someone to handle the affairs of the estate if you cannot be there yourself. I suggest retaining an attorney authorized to practice law in PR and allowing him/her to do what is necessary and required. This is a response to an Internet question and the reply is not intended to be legal advice or as cresting an attorney-client relationship.
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