Prenuptial Agreement and Puerto Rico Laws


#1

Dear cjmil5:

Greetings. Sorry. I have no idea since we only know the laws in North Carolina. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My father died witout a will. I am the court appointed (Florida) legal representative for my his Estate. He and his second wife had a legal prenuptial agreement drafted in the State of Michigan which denied her any rights or claims to the assetts of his Estate. I am preparing to sell property that he owned in Puerto Rico. I am told sale of the property is subject to their laws and that since he died without a will his second wife is entitled to her share of the proceeds from the sale of the land. The attorney in Puerto Rico tells me that the prenuptial agreement means nothing because he died without a will. I have successfully sold and liquidated numerous other assetts in the States and the prenuptial agreement has been upheld each time. Does anyone know if the prenup agreement is invalid in P.R. because it was not drafted, signed and/or filed there? Is it legally correct that it can be ignored in P.R. because he died without a will? I would appreciate any help. I have been given two differing opinions by attorneys I have hired in Puerto Rico.