What language should a will include for Puerto Rico forced heirship requirements?

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.

Answer:

In Puerto Rico, the law governing estate succession is the Puerto Rico Civil Code. Real property in Puerto Rico is subject to Puerto Rican laws, regardless of the owner's nationality or residency. For a will to be valid regarding real estate in Puerto Rico, it must comply with local laws, even if the owner resides in another jurisdiction.

Puerto Rico has forced heirship laws, meaning certain heirs are entitled to a fixed share of the estate. Children are considered forced heirs, taking precedence over grandchildren. If there are no children, then grandchildren inherit in proportion to what their deceased parent would have received.

To ensure your will meets these requirements, it’s advisable to consult with a legal professional familiar with Puerto Rican estate law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The new inheritance law in Puerto Rico includes updates to the rules governing forced heirship and the distribution of estates. It maintains that certain heirs, such as children, have a right to a fixed share of the estate, regardless of the decedent's wishes. The law aims to simplify the succession process and clarify the rights of heirs. For specific details, it is advisable to consult a legal professional familiar with the current estate laws in Puerto Rico. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*