Legal Question in Wills and Trusts in Puerto Rico

Sale of property in Puerto Rico without will

I am trying to find out about how it would be possible for one sibling to sell property without the other sibling signing a full power of attorney for several properties in Puerto Rico. The issue is that the mother died without a will and one sibling resides in Puerto Rico. The other sibling has sent a full power of attorney which is all inclusive and the other sibling has refused to sign it. If one sibling resides in New York and is not preesent and has not signed a power of attorney to the other person, is it possible to sell the property, collect rent rolls, mortgage the property, etc. To compound this matter, there is a secondary wrongful death suit for the mother in which the one sibling has received a large sum of money without giving any to the other sibling and was told that they would file this in probate if the power of attorney was signed.

What kind of attorney is necessary to ensure the protection of the rights of the absentee sibling and what else is necessary on the part of the attorney to file which will not allow the one sibling to take full control over the property since there was no will?


Asked on 12/10/02, 10:25 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Sale of property in Puerto Rico without will

Fom the facts described, your brother has no right to do anything you claim he has done. I suggest you retain a local (PR) attorney both familiar with real estate matters and probate/estate matters to review what has happened and to see you get what you are entitled to receive.

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Answered on 12/10/02, 5:32 pm
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Sale of property in Puerto Rico without will

The sales of property in PUerto Rico are reversible through a private suit and ratifiable through a public deed. However, probate court will have jurisdiction over the claim for the settled/collected wrongful death suit. Although your sibling enjoys some latitude in the negotiation, it is highly improper of him to condition the distribution of the wrongful death proceeds to the signing of the power of attorney. You need some leverage, PRONTO, and, of course, a GOOD lawyer.

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Answered on 12/11/02, 9:22 pm


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