Legal Question in Wills and Trusts in Puerto Rico

Distribution of property

What is the distribution of property under intestate laws?


Asked on 2/08/02, 5:17 pm

1 Answer from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Distribution of property

Your question is too broad, so in any event I would have to tell all about intestate distribution in civil law. Taken literally the distribution of property in intestate law is performed by dividing the estate amongst all surviving descendants, with representation rights; if no descendants survive then ascendants, with no representation rights and finally all surviving collaterals till the fourth degree, only with representation right until the third degree. Afterwards the Commonwealth gets the whole of the estate. The widow has no right under intestate law, however she does get an "usufruct" on a percentage of the estate until she dies. Representation is the right to surmise in an ascendants portion after he dies, thus no representation can exist upwards. The representation right in PR applies just the same in testate and intestate distribution and cannot be estipulated otherwise. The collateral degrees are as follows: first degree, yourself; second degree your brothers, third degree uncles, aunts, nephews and nieces, ( this are the only ones who can actually represent in collateral distribution, just think about it its quite logical) fourth degree cousins as well as nephew-niece offspring (no representation whatsoever).

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Answered on 2/17/02, 10:09 pm


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