Legal Question in Real Estate Law in Puerto Rico

Re: Who has inheritance to this land?

Since the property was purchased jointly the survivor, your father, will own it all.

Re: Who has inheritance to this land?

Mr. Slater gave the wrong advice.

The answer depends on the language in the deed. If the deed is silent as to how the individuals purchased the land, or if the individuals purchased the land as "tenants in common," that part of the land owned by your grandparents will be part of an estate (inherited through a will).

If the deed states that the individuals purchased the land as "joint tenants with rights of survivorship" or "joint tenants", under NYS law the land will automatically pass to your father.

Mike.

Re: Who has inheritance to this land?

The attorneys in our law firm are licesed in Puerto Rico and Washington, DC.

From the sketched facts that you provide we are able to generally tell you that your surviving uncle, as well as your father, would inherit in equal amounts from the proportion of land owned by your grandparents. The portion that belongs to your father is exclusively his and has nothing to do with your grandparents inheritance.

Please contact us at 787-410-1036 if you would like to provide us with more information so that we can answer with more details.

Cordially,

Yvette De Luna

5-1-02

Re: Who has inheritance to this land?

You should be more specific as to where the land sits. If it does sit in Puerto Rico, conflict of laws provisions could form an individual estate for the real property, apart from any property outside Puerto Rico. That is more so if the property is registered in the Puerto Rico Registrar. Although the Supreme Court of Puerto Rico has been somewhat ambigous on the issue, real property is usually by local law. Under Puerto Rico intestate law, you would divide your father's part as a percentage of the price he paid, this could be somewhat difficult as appraisal issues may arise. For your granparent's estate, as no will exists, all of your surviving uncle and your father participate each in 25%. The offspring of the dead brothers represent each one of them in their respective 25%. ONLY IF THE LAND SITS IN PUERTO RICO!