Legal Question in Wills and Trusts in Puerto Rico

Elderly Grandfather in Coma

My 87 year old grandfather is in a coma and not expected to live. He lives in P.R. and has a house. My question is if he doesn't have a will, would the proceeds of the house be divided among all his children? He has seven biological children from three different women, and a child who is not biologically his, however, has been raising since she was a teenager. She is now in her forties. Is there anythng my mother can do to make sure she gets her fair share?

Erik


Asked on 4/12/04, 4:19 pm

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Elderly Grandfather in Coma

In Colorado, when someone dies without a Will, they are intestate. Colorado statute specifies the division and distribution of an intestate estate.

You can look up the Colorado statutes on intestate succession by going to the Colorado Courts web site and all interested persons should consult with their own attorney for advice.

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Answered on 4/12/04, 4:52 pm
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Elderly Grandfather in Coma

Your grandfather lives in Puerto Rico and the house is in Puerto Rico, therefore the law applicable to him is the law of Puerto Rico. In Puerto Rico, when someone dies without leaving a will he is intestate and his estate is divided pursuant to the Civil Code of the Commonwealth of P.R. This division is not simple, and it requires substantial in-depth knowledge of the particular heirs to the intestate estate. However, shooting from the hip, it seems that the unrecognized, unadopted, dependent will not be a heir to your grandfather's estate, regardless of her close ties with the family.

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Answered on 4/13/04, 10:38 am


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