Legal Question in Wills and Trusts in Puerto Rico
Possible inheritance, Puerto Rico
My father passed away in Puerto Rico in January of this year. He was a dual citizen of Australia and Spain, but married to a Puerto Rico native (his 2nd wife � not my mother). He left Australia in 2002, and did not keep in touch with my family thereafter. I initially learnt of his death from his 2nd wife, but she has since refused to answer any correspondence. He has no children from his 2nd wife.
I do not know if he left a will, though I have just requested this information from the Wills and Powers Registry of Puerto Rico. I suspect he did not, which would explain his 2nd wifes silence.
Assuming there is no will, could somebody please let me know whether myself and my siblings have an entitlement to his estate. As 10 months have passed since his death, have I left things too late? I currently live in Australia, and the distance makes it difficult to pursue this. I am moving to the US (Washington DC) in January, but given the time that has already passed, I want to get moving on this asap if we have a case. Any help would be appreciated. Many thanks.
1 Answer from Attorneys
Re: Possible inheritance, Puerto Rico
The answer to this question will depend on the jurisdiction in which the real estate of his posthumous estate resides. The real estate, at least in Puerto Rico, will determine which law is applicable. The second wife would be entitled to half of all of the estate that was amassed after they married. On the other hand, if local probate laws apply to him, then his former wife would only be entitled to cashable benefit on the estate. Thus, she may not impede liquidation.
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