How Do I Dispose of Land in Puerto Rico in a Will?

Full question:

I need sample language that meets Puerto Rico forced heirship requirements for a Will for a GA resident who owns property in Puerto Rico. All to husband then to children.

• Category: Wills and Estates
• Subcategory: Foreign
• Date: 04/07/2025
• State: Georgia

Answer:

Generally, the law of the state where the deceased resided will apply to the inheritance of personal property in the state, but real estate out in another country may be subject to other laws. The main law regarding estate succession and real property rights is the Puerto Rico Civil Code. A foreign property owner is not treated differently, nor is any distinction made under Puerto Rico law between foreigners of different nationalities or religions. Real property located in Puerto Rico is regulated by the laws of Puerto Rico. If the foreign law states that the applicable law for real property located in Puerto Rico is the law of the jurisdiction where the owner resides, such disposition is not valid under Puerto Rico law. The Registry of the Property for Puerto Rico will not register a real property transfer ordered by a foreign court without going through Puerto Rico courts. Puerto Rico is a forced heir jurisdiction. This means that certain descendants are entitled to receive a fixed portion of the estate, based on the following rule: children are forced heirs of their parents over grandchildren; in the absence of children, then grandchildren are forced heirs of the estate, in proportion to whatever amount the deceased child was entitled.