Legal Question in Wills and Trusts in Puerto Rico
rights to an estate of a child not recognized by Father
My wife's father did not recognize his paternity until recently ( he is 89 and my wife is 57). His name is not one her birth certificates. He was a very wealth businessman in Puerto Rico and had 2 children ( now lawyers) by the woman he did marry after my wife was born. We think he placed all of his assets into corporation with his wife and children as voting board members years ago. After a highly disputed divorce the wife the wife and children took control of the corporation and eliminated any dividends. The wife and at least one of children are employees and each get a salary. The father is a minority stockholder only and sees no income from the company. Question 1. Does the illegitimate daughter have any rights to the distribution of assists that occurred with the formation of the corporation? Question 2. Is there any need to prove paternity now to secure rights to the remaining minority shares upon the father�s death. If so how does one do that? Question 3 Do the two children have right to the minority shares upon their father death even if his will tries to prohibit such distribution.
2 Answers from Attorneys
Re: rights to an estate of a child not recognized by Father
Paternity must be established in PR.
Re: rights to an estate of a child not recognized by Father
Question 1 : No
Question 2 : The answer will depend on the nature of the recognition performed by the father. So you will need to establish paternity, only if the father's will to recognize the daughter is disputable. Ordinarily, if paternity was recognized in a will, it is indisputable and it need not be established.�
Question 3: If the will enjoins them from receiving any distribution of the minority shares they will have a right to a third of whatever is not enjoined. All children have a right to participate in a third of the parent's assets. In a very compressed nutshell.
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