What are a surviving spouses property rights in Puerto Rico vs. adult children from former marriage?

Question

My father, in his 70s, was legally remarried w/ 4 children from wife's previous marriage + 1 child conceived together. They purchased a house in Puerto Rico together rented out for income. They alternated receiving of checks. My father would receive a check one month then the next month's check would go to his wife and so on. Last February his wife passed away. My father was so distraught he had to be put on medication which affected his memory. During this time, those adult children took procedures (without his knowledge or mine) to take over the house. They've opened a bank account & are claiming all checks. I'm not exactly sure what those procedures were, I tried to ask them but they are extremely defensive and refuse to communicate with me believing that I want in on the $$. I'm still trying to work out what happened but have to overcome father's memory. We're heading to the bank now. I'd just like some background info on his PR property rights or anyother steps or information I can gather to help him. My father, who has struggled and worked hard all his life, is not even in his grave for children he raised as his own to be swiping his property from him! PLEASE HELP.

Update:

Is anyone PERSONALLY familiar with a lawyer they would recommend who is knowledgeable on PR real estate law?

Darth Eugene Vader · Accepted Answer

Your father is the sole owner of 50% of the property, the other 50% was of his wife.  Since she died it is her 50% that needs to be divided among their heirs.  Her heirs are:
* the 4 children/adults from her pervious marriage
* the son that she had with your father
* plus your father which is the widower

So, at the end more than 50% of that house belongs to your father.  Contact any lawyer who practice civil cases in PR to help you and your father to claim his rights.  I recommend Eric Kolthoff Benners

BrownEyedGirl · Answer

It is still his property! Those children had no right to do what they did. What ever they did and ho they did it was illegal. They have to show that your father was not in his right mind to take over any kind of money transactions on his behalf. They would have need medical documentation to prove him incompetent to take care of hi own fiances and the money should still have been put in an account for him to be used for his care. Unless everything is already spelled out in a will. Get yourselves(father) a lawyer that knows the law in both countries. I would think that since your farther is alive and in his right mind someone is gowing to be in trouble. Tell Dad to make out a will now and state who gets what and who will be the executor in case he is not able to care for himself or his fiances if not in his right mind later in life. Nothing brings out the worst in a family when money is at stake.

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What are a surviving spouses property rights in Puerto Rico vs. adult children from former marriage?

2 Answers