Mom dead, need to change deed of land to her children names, can a brother change the deed for himself. We all live on US not Puerto Rico
answered on Sep 6, 2018
In PR, children are considered to be "forced heirs". That is, for them to be "disinherited" in a will, there must be a specific valid reason under one of the causes provided by law. Make sure that this is done via a local attorney.
We live in New Mexico & are buying a house in PR. The agent says we must come back down for the closing. What about Docusign or FedExing the documents?
answered on Sep 4, 2018
You could always have a Power of Attorney be prepared by a local attorney in PR, who will know what to include in such document. However, the POA will have to name a local representative to be present at the sale.
The house is paid off and there are a total of nine children.
answered on Aug 25, 2018
If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to... View More
Sisters? Or is there other steps that need to be taken so that the house is left to just me?
answered on Jul 31, 2018
If that is the only property he has, it cannot be done unless he specifically disinherits your 2 sisters, making sure that it is due to the reasons stated by law. In Puerto Rico, the children are what is called "forced heirs", so their inheritance could only be voided as specified by law.
My sister is a widowed senior, owns a home in PR, wants to make arrangements for her siblings for the future according to the Puerto Rico laws & requirements/above documents, or Affidavits? Three living children, two live in NJ, one lives with her in the home in PR. Thank you. Any advice... View More
answered on May 10, 2018
Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.
My brother lives & owns the first floor of my deceased parents' home, but rents the 2nd floor, which was occupied by my parents before they died "intestate"; all the surviving siblings live in both PR and NJ. What steps are required to obtain legal ownership of the rental?... View More
answered on May 10, 2018
If the property was located it PR, a Declaration of Heirs has to be filed at the court system so that the "forced heirs" (i.e., the children of the deceased) can be officially declared as the heirs. Also, an Estate Tax Form ("Planilla de Caudal Relicto") has to be filed at the... View More
The sister has mental and addiction issues and the brother (my common law husband) is indigent. Can we start the process ourselves wo a probate lawyer ... we have no money to hire one
answered on Apr 14, 2018
Yes you can. However, given the complexity of inheritance laws, particularly if you don´t live here or you don´t speak Spanish, it is highly recommended that you hire a lawyer, one that perhaps won´t charge you up front. In the long run, you will realize that for the amount of work, details and... View More
Notarized in Oregon and mail to him will it be valid in Puerto Rico?
answered on Jan 7, 2018
It would need to be notarized in the US and sent to PR with a County Clerk’s Certificate of Notarial Authority attesting to the Notary Public's authorization for the date of the signing. Then a local attorney (a notary public) in PR would need to have it "protocolized", that is, to... View More
let me know about the inheritance...what can I do about it
answered on Aug 3, 2017
You could first try to see if there was any court case filed either through the judicial system per se or by contacting an attorney.
My mother passed away in 2010. The lawyer that represented both my sisters is unable to help me because he represented them. My sisters and I have no contact at all and the money was divided by the courts in Bayamon, PR. I need to know which division within the court I should contact, as I have... View More
answered on Jul 3, 2017
It has to be done in writing through the court, via the Accounts Division, but it´s usually difficult to find someone who is English-speaking. However, a lawyer will be able to get the money in a relatively speedy manner. Feel free to contact us if you want this to be taken care of right away.
answered on Jun 26, 2017
The attorney will automatically file or register it within 24 hours of the signature.
Will I need to pay any special taxes on the rental income the property generates?
answered on May 14, 2017
Yes, you will need to pay a monthly "room tax", at a rate of 7%, to the PR Tourism Company -a government agency- for any short term rentals less than 90 days.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.