The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Puerto Rico Certification of Waiver by Attorney for Surviving Spouse
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After completing a Juris Doctor Degree lawyers have to pass the Puerto Rico General Bar Exam in order to practice law. Lawyers that graduated from ABA accredited schools may also practice in Puerto Rico, but they must also take the bar exam.
Entitled to a portion equal to the legitime of a legitimate. child. The legitime of the surviving spouse is taken. from the free portion of the hereditary estate.
As of November 28, 2020, inheritances are distributed in two parts. 50% is of free disposition and the other half (legitimate) is divided equally among the forced heirs, which are the children and now include the widow or widower.
This means that if someone dies owning property in Puerto Rico, in order to transfer that property to another person, you must go to court to get the permission to transfer and register the property to the new person. This is what is commonly known in the U.S. as probating an estate.
Surviving spouse is in a third order of succession. 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.
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).
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.
