Land Appraisers in Puerto Rico?

Question

Ok, I got some answers, but now I need to know it there was not a Will and I am the next of kin...and the land in Puerto Rico, Yauco...was handed down from my grandfather to my father who died last year what documentations do I need to obtain this land? I am not the only child there is four all together plus a half brother.

Answer 1

Lets see If I get your question right:

Original Owner: Grandfather - died

Next owner: (Inherit) Your father - Died without a writting a will.

Surviving heirs: Four sons/daughters, One half brother

What is needed for one of the heirs obtain this land?

1. You need a notary/lawyer/attorney at law (with license to practice law at PR) to prepare a Declaratoria de Herederos (Heir Declaration?), a legal document to state:

* who are the all the heirs of and their rights over the properties (and debts if any) of your father.

* that your father (now deceased) was the new owner of the land, and have died without writting a will, (this points must be proven, was your father the only heir of your grandfather and only owner of the property?  (how was the land hand down to your father recorded?  any legal document available on that?)

* which properties, funds, debts, etc. exists and are to be divided among the heirs following PR local laws

Question: Is there a widow? Was your father married?  Has his wife died too?  If she died, is there a will on her part?  Answers to those questions affect the percentages each heir is entitled to.

According with PR's Law, in general, if a married man dies, half of the property is owned by the widow, and the other half is to be divided among the heirs (which include his widow among any others).  If your father's wife (was she your mother?) died, and  then her part were not divided then, her sons are heirs to her part of the property.  Your half-brother (son of your father but not of the widow, right?) would only have rights to the 20% of your fathers half, and no % on the half correcponding to your mother.

If I'm correct in my asumptions:

*** each of the four bothers/sisters have rights over 20% of your fathers half, and 25% on their mothers half.

*** your half brother has rights over the 20% of your fathers half.

For you adquire this land as the only owner, you would have to :

*** purchase from your brothers/ sisters / half brother their parts, or

*** convince the other heirs to renounce to their rights and give their % to you as a gift.  Each will have to fill a legal document to record this "gift".

Taxes related to income from the inheritance will be due to local PR goverment (Dept. de Hacienda).

Bottom line: Hire an notary / attorney at law in PR to advise you and process all legal documentation required.