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licen1, Abogado de Puerto Rico
Categoría: Ley de Puerto Rico
Clientes satisfechos: 332
Experiencia:  Licenciado postulante / litigante por mas de dos decadas
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I am hoping to obtain guidance on behalf of my mom and her

Pregunta del cliente

I am hoping to obtain guidance on behalf of my mom and her siblings.My mom is the eldest of 6 children. 5 are living. Both my grandparents passed away 23 years ago. They left a home and land in AquadillaAll the siblings have contributed to the maintenance of their parents' home and land.Two siblings have taken possession of parcels of land and built two homes.
A third sibling took residence in my grandmothers home for the past 18 years. The sibling who resided for 18 years at my grandparent's home has now married and moved to the state of Florida with her new husbandMy mom and other siblings have asked for the key to the family home and and the keys to the gated property/land to equally use/share as a vacation home for all the siblings.Unfortunately she has refused to give copies of the keys to all her siblings and her personal property are still in the home.My family would like to resolve this situation amicably.Kindly send information and guidance regarding their rights as heirs and inheritance laws.Your assistance is greatly appreciated,LG
Asistente: Entiendo.¿Podría darme más información? Por ejemplo, ¿Qué ha intentando hasta ahora para solucionarlo?
Cliente: Speaking with sibling who took residence in family home
Enviada: hace 11 meses.
Categoría: Ley de Puerto Rico
Experto:  licen1 escribió hace 11 meses.

Good evening and thank you for using Just Answers. All siblings have the same exact rights to the property and the structure as they are all inheritors. The sibling whom has occupied the property and structure for the past 18 years must pay a rental factor to the other siblings unless the other siblings wave this right. All siblings have the same right to use the property when they want. The siblings can legally remove the existing locks on the fence and entry door without any authorization from anyone since they are all owners of the property. Of course the personal belongings of one sibling must be protected for said sibling ad a storage fee can be charged to said sibling. No pre-authorization is required for any sibling to enter said property legally. Any costs of changing locks shall be charged to said sibling whom denies the access to the others. The only prerequisite for entry is to prove the ownership or right to inheritance. This is done by proving that they are children of the registered owners of the property ad as such are the legal inheritors of said property.

Once the other siblings have entered the property they should retain a lawyer for the process of filing a declaration of inheritance process in the courts of Aguadilla and the registry of the property in the names of all inheritors. Once this is done the two siblings whom have built houses on said property can get titleship to their parcel of land and structures. This would be their participation of the inheritance. The remaining parcel of land and the house of your grand parents will then be divided in equal parts between the remaining siblings. At the end of the legal process all siblings including the two whom already have received their share must have an equal share of land and value of your grand parents structure. If the siblings cannot agree on a fair value of the entire property and your grand parents house then a professional appraisal will be required. The costs for the legal process is $ 3,000.00 for the declaration of inheritors. The government also has a charge for stamps and registry fees depending on the value of the property and home. You can figure out this cost using the following link,(http://www.fianzanotarialpr.org/calnota/index.html),. The Notary Public fee is 1% regulated by laws of Puerto Rico.

My law office is willing to handle all your legal needs. Call us at(###) ###-####or e-mail at***@******.***

Experto:  licen1 escribió hace 10 meses.

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