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A: The Rule of Law in Puerto Rico for hereditary estates is that the heirs, having accepted their inheritance, subrogate themselves in the deceased place regarding the estate's assets and liabilities. If an estate is more debt than assets, the heirs may repudiate their inheritance.
Filial support laws exist in 29 states as well as Puerto Rico, and have quietly existed on the books for some time.
Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.
All real estate in Puerto Rico is subject to the probate system. This system is based on a "forced heir" policy, that states that all children need to receive from the decedent (the person that died).
About 30 states and Puerto Rico have ?filial responsibility? laws. These laws require adult children to pay a parent's unpaid medical bills. While many states do not enforce these laws very often, states could possibly enforce the laws in the future.
The new civil code establishes that, if there is no valid will, the order of inheritance is as follows: The surviving spouse is first in the order of succession and at the same level as the children (descendants).
If no Puerto Rican will exists, then the court will issue a resolution declaring who are the heirs, commonly known as a "Declaratoria de Herederos". There is a possibility that an additional hearing may be needed before the judge can decide who are the heirs.
In Puerto Rico, consumer debt such as HOA & Condo fees have a statute of limitations of 4 years.