Legal Question in Wills and Trusts in Puerto Rico
Property in Puerto Rico
My grandmother passed away over 20 years ago in Puerto Rico. She didn't leave a will. My mother has lived in the house in Puerto Rico since before her mother passed. What happens to that property? She has four siblings. They won't let her do anything with the properthy that she has maintained since her mother's passing. They say they have rights to it. Please advise what has to be done about it. Thank you very much for your assistance.
2 Answers from Attorneys
Re: Property in Puerto Rico
The other siblings are entitled to their portion of the proceeds of the sale of the home. Your mother may sue them to get them to sign a sales deed for the home.
Besides that, there is practically nothing that your mother may do except try to account for whatever expenses she incurred in maintaining the house throughout this time. Additionally, depending on the reason why your mother was staying there (i.a. because she was invited there by your grandmother precisely to take care of the house during her illness), she may not have to pay rent.
Re: Property in Puerto Rico
If your grandmother had no will, then she died "intestate." To determine who owns the house, you would need to know what the intestate law provided at the date of your grandmother's death. Those people (or their decendants) are your grandmother's heirs and legally own the house (not your mother alone).
Your mother may have maintained the property, but she also presumably lived there rent free for at least 20 years...The heirs will need to work out how to account for these potential financial issues.
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