Puerto Rico Petition For Order Requiring Production of Will

State:
Multi-State
Control #:
US-00743BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic pleading that may be referred to when preparing a Petition to force someone who is custodian of the Last Will and Testament of decedent to produce the Will.
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FAQ

A will that is drafted, either outside or in Puerto Rico, must be declared valid and must go through a court process to be validated in Puerto Rico. If this process is not followed, the Registry of Property or the Institution that holds the funds will not respond to your requests.

The arm-of-the-state doctrine, which entitles certain governmental entities to the states' sovereign immunity, is an embodiment of American federalism. In theory, this doctrine ensures that federal courts appreciate the concerns for state sovereignty and solvency that motivated the passage of the Eleventh Amendment.

First order were descendants, second ascendants and in the absence of both, surviving spouse was the heir. Surviving spouse is a forced heir. The Code adds the surviving spouse to the first order of succession as forced heir.

As such, the American citizenship of Puerto Ricans can be taken away by the U.S. Congress unilaterally. Puerto Ricans are also covered by a group of "fundamental civil rights" but, since Puerto Rico is not a state, Puerto Ricans are not covered by the full American Bill of Rights.

One important change is that the new civil code gives protection to the surviving spouse and gives him/her the right to remain in the family home for life. This modification implies that the widow or widower can decide to stay in the house, instead of receiving 50% of the inheritance that corresponds to him or her.

The laws in the Laws of Puerto Rico are passed by the Puerto Rico Legislative Assembly, which consists of the Puerto Rico House of Representatives and the Puerto Rico Senate. The House of Representatives contains 51 members, while the Senate contains 27 members.

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Puerto Rico Petition For Order Requiring Production of Will