Legal Question in Wills and Trusts in New York
I have property in PR, I am divorced, I have 1 son who will marry this Oct. My understanding is that my son will inherit the property. But what happens if he passes, who gets the property if he has no children. His Wife? His Dad? If there is no wife could his dad get it or can my son leave it to someone in a will?
Thank you
2 Answers from Attorneys
You can make provision for who gets the property in your Will. Alternatively, you can change the deed in order to provide for succession after your death.
Assuming you have clear title to the property, you can leave it to whomever you want in your will. If you don't have a will, then the intestacy laws of Puerto Rico would apply, as to that parcel. Also, when you do your will, have counsel in Puerto Rico review it to make sure that it is also compliant with local laws, as you will have to have an ancillary probate done there. As for your wishes, you can grant the property to your son, for his life, and then have the remainder go elsewhere, if you want.