Legal Question in Wills and Trusts in Puerto Rico
Unwilling to participate
My father died without a will. His last wife is not willing to divulge personal info (name, dob, relationship) to my lawyer(in P.R.) as part of heirship so he can present this in court. Bank acct was frozen in P.R. he owned a home in brooklyn, ny under his name only, I currently live in. What do I need to do to continue the process of heirship with or without her cooperation in Puerto Rico. My father passed 11-10-99. She is the one who states he never wrote a will. She is demanding money for her, and legal son. I want to come to terms with her as she is asking for less ($) than what she's entitled to. I would like to keep the house in brooklyn.
1 Answer from Attorneys
Re: Unwilling to participate
If he died in PR, you would have to file
for an administration in PR. You would
have to give her notice of the proceedings
She may object to your appointment and
ask to be appointed herself. This is
fine because it gets the ball rolling and
she still has to answer to the court
If he died in NY, the same is true, with
the petition being filed in NY
In both instances, there is a simple allegation
that there is no will.
If there is a PR proceeding first, there is
a need for a second ancillary proceeding in
NY because there is real property in NY
If this is a true intestacy, there is a
need to review the amounts to be paid to
the spouse and what other property there
is to determine a division of the estate
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