Legal Question in Wills and Trusts in Puerto Rico

Re: Sale of property without special power of attorney

Both siblings need not be present at the closing.

One sibling can act on his own behalf and for the absent sibling if the absent sibling gives him a limited power of attorney.

If a death occurred and there is no Will, then someome has to be appointed as Administrator.

Re: Sale of property without special power of attorney

If the property has already been titled in the siblings name, all that should be needed is a Limited Power of Attorney authorizing the sale. If the Deed is still in the decedent's name, some form of administration has to be held where the property is located to authorize the local sibling to represent the estate, coupled with the Limited Power of Appointment. Some has to have authorization to handle the estate, not just as the surviving heirs, so have the local sibling check with the probate court on what is necessary. This is usually a simple procedure and the remote sibling can waive any rights to the appointment as estate representative. Contact me if you have any additional questions.

Re: Sale of property without special power of attorney

No sale will be valid in Puerto Rico without a power of attorney, the deed should not be registered and the transaction is void ab initio unless the absentee raifies. Ratification is available on another deed and redhibition requires a full judicial proceeding.