Legal Question in Wills and Trusts in New York

You should contact an attorney in Puerto Rico to handle your father's estate.

Please accept my condolences on the loss of your father.

Unfortunately if you brother is "mentally ill," a Power of Attorney signed by him would not be valid for any purpose. I do not know the intestacy laws of Puerto Rico or their real property transfer laws. Almost certainly you will need to begin the Puerto Rican equivalent of an Administration proceeding so that you can be appointed as Administrator of dad's estate and settle his affairs. Even if your brother had capacity to sign a Power of Attorney, that would not be enough to let you settle dad's estate. You need to be approved and appointed by the courts in Puerto Rico.

Once again, please accept my condolences on the loss of your father.

I agree with the other answers, but raise several questions. Does your brother's mental illness mean he is not competent to sign the Power of Attorney or does it merely require medication to keep it under control, but does not effect his competency? This goes to the question of whether or not he can give you a Power of Attorney.

I agree you need to retain an attorney in Puerto Rico as your situation requires a complicated administration procedure rather than merely probating a Will.

Good Luck and my condolences on your loss.