Legal Question in Wills and Trusts in Puerto Rico

Re: Don't you have the right to choose whom to have in your will?

It is usually that facts make the law, and not the other way around.

It seems that the attorney is correct. If your grandparents are in Puerto Rico, and their estate is distributed in PR then all of their assets, not just the real estate, will have to be divided, at least in what has been dubbed as the strict legitimate (legitima estricta) portion, amongst the two surviving children, or their children, which in this case would mean you and your aunt, provided that your father had no additional children.

The operation of the law is far too complex to summarize here, and inasmuch as his responsibility as a notary public goes, the attorney drafting the will must include the name of all surviving and known heirs in the will or risk having it annulled.

Re: Don't you have the right to choose whom to have in your will?

I do not know the technical rules of Puerto Rican estate law, as to whther or not a Will controls or overrides their intestacy laws, or whether or not someone may be disinherited. This should be checked with a local attorney, and also the question of whether a person may disclaim their interest in the estate, if named in a PR Will.