What are the Puerto Rico real estate property rights of a widower vs. previous marriage children of deceased?

Question

My father, in his 70s, was legally remarried with four children from wife's previous marriage plus one child they conceived together (these children are all adults now). 

As a married couple, they purchased a house in Puerto Rico together which they 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. At first we thought it was altzheimers but then we came to find it was the medication. 

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 to take everything away from them. 

I'm still trying to work out what happened but have to overcome father's memory. We're heading to the bank now to see how we can straighten this mess out. 

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! I am doing ok for myself and have no desire to inherit anything. I just think at this age a person should have peace in their lives. 

PLEASE HELP!

Darth Eugene Vader · Accepted Answer

My mom was a Realtor some years ago, and before that she was (and still is) a legal secretary working with lawyers and attorneys at law all her life.  I used to do messenger services for one of those lawyers.  My understanding is:
Your father had a wife, she had 4 children (now adults), plus another son with him.  She died.  
I assume:
* No will (testament) is available to specify how the properties will be divided.
* Property was purchased while they were married.

My understanding of PR law in cases like this (no will available) is:
* 50% of the house is owned by the widower (your father) and no other can claim anything on this frist half.
* 50% of the house was property of the wife and is this second half is the one to be divied between all the heirs which include:
*** Her husband (your father, widower)
*** the four sons from her previous marriage
*** the son of her last marriage

I'm sure that the son of your father has the same rights than the sons from the previous marriage (she was the mother of all of them).  What I do not totally remember is if percentage (of this second 50%) that is entitled to your father as the widower is the same as the other heirs.  If true the 50% will be divided by 6 parts one for each heir (widower & sons).

That means, more than the half of the house is now property of the father, and the rest is to be divided between all the 5 children (now adults) of your father's wife.

There are also some taxes to pay to PR.

You will need to contact a lawyer with license to work in PR to settle this legally.  If you e-mail me at eugenio.rios@astrazeneca.com, I can suggest my lawyer name / telephone number.

prgirla_69 · Answer

Things like this in Puerto Rico can get really shady.  But since he is still alive you need to fight for him.  Since she died the next of kin should get half of the property not all.  The best thing might be to try to sell it and he gets half of the money from the sell, instead of trying to do the whole rental thing.

But, it will be a fight in PR.  My grandmother fought for decades with her brothers and sisters over her father's will.  She ended up giving up.  They actually got the will changed after he died and wrote her out of the will.  But, I have seen those people get what they deserve, she is 90 still alive, not that great but still kicking and her much younger brother's and sister's are not doing good at all.  Some even have died already.

Sorry I don't know any lawyers here that could help.  Your going to have to look for someone best out of town that they don't know that is willing to fight for your father.

briana · 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.

MomSezNo · Answer

I don't think your going to find the answer you need in the Travel section of this board - or on any other board.  You have a very specific situation and need to consult a lawyer.

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What are the Puerto Rico real estate property rights of a widower vs. previous marriage children of deceased?

4 Answers