Legal Question in Wills and Trusts in Puerto Rico

Savings & No Will

my mother passed on - 79 - on 10/14/06 - never worked & was getting some SSI & social security $.her dream was to live her last years in PR in a small wood house. she managed to save some money - it took a very long time to save this money by doing w/out certain things in life.her brothers and with her help a house was purchased & the house was placed in her name.A year later she came down with alzheimer's & parkinson & her dream was no longer possible.the house was sold & authorization was granted to a different brother for him to sign her name on the check for the sale of the house & deposite it.her sister was holding some savings for her& she deposite this $ in the bank- the acct belong to the same brother who was allowed to sign her check. the same bro withdrew 54,800 on 10/12/06- he flew to nyc & after the burial he said here's half of the 54,800 for your sister & other half is for you and the rest of the money is mine - she never said for him to keep any $ just to hold it for her-I ask what's the total & he said he does not know- how much interest gained-he does not know-there is 2 acct in PR-I have power of attorney also-Is there a way to get her $ -Please advise


Asked on 11/21/06, 3:00 pm

1 Answer from Attorneys
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Savings & No Will

The intestate law that seems to apply, because money is not real estate, is N.Y. law. I do not know N.Y. law. If P.R. law applied, then it would all be for the children of the deceased. Under P.R. law he could have been entitled to a fee for holding the money. It would all depend on the excess over 54K that was obtained as proceeds from the sale of the house.

JCAS

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Answered on 11/21/06, 5:16 pm


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