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Questions Answered by Rafael Pagan-Colon
2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How can I relinquish my portion of ownership to one of my siblings who also owns the property in Puerto Rico.

A year ago my deceased parents' property in Puerto Rico was transferred in a Resolucion document to myself and my 5 siblings. I want to relinquish my ownership to one of my siblings or if not possible to have the remaining 5 siblings take equal portions of my ownership. I do not want to be an... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 3, 2022

You can either donate your share or reject it by way of a deed poll. If by donation, an additional step is required in the form of a donation filing which must be submitted to the Puerto Rico Treasury Dept. before filing the deed with the Property Registry. Stamps and Tariffs in either deed cancel... Read more »

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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: How much longer do I have to pay child support in Puerto Rico if both boys are 20 and 18?

In Aguadilla, Puerto Rico, I have two boys who are 20 and 18 years old. Instead of using Assume, I have been paying child support through military allotment. My second oldest has been out of school for six months, and my eldest has been out for a year and a half. In Puerto Rico, their collegiate... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 28, 2022

In Puerto Rico, a minor reaches legal age when he or she reaches 21 years old. Nevertheless, Rule of Law states that a dependant child may be entitled to receive child support through 25, if said child is studying undergraduate or even graduate studies.

That being said, cessation of payment...
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1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: When can a buyer not sue a seller for not following thru on contract?

I accidentally signed a eContract for selling my house in puerto rico and then notified both buyer and broker 30 minutes afterwards before either of them noticed contract was docusigned and notified them that the signing was a mistake.

And then later same day texted both of them that... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 23, 2022

Normal sales option contracts require that a buyer provide an option to take the proposed real estate off the market during the sales term. You may not have received money, but the realtor may have received an option deposit to be kept in an escrow account until the sales deed is signed by the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Puerto Rico on
Q: How do I sue someone who never completed a job that was paid for in full?

I paid an individual to install gates and to pressure wash, apply cement topping and sealant, and to correct all drainage issues. I originally paid half upfront so that he could begin working. Later, he asked for half of the remaining balance because he was going through some issues (sick wife,... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 21, 2022

Unfortunately, this seems the case of a "no good deed goes unpunished". The Law of Contractor Registry, Law no. 145 of August 10, 1995, as amended, requires that any contractor working on residential properties must file a request to be included in the Puerto Rico Consumer Affairs... Read more »

1 Answer | Asked in Lemon Law for Puerto Rico on
Q: I bought a brand new Toyota Corolla in January of this year and water leaks into it every time it rains. Is this a lemon

My car smells like mildew every time it rains and it’s not even a year old. Water is leaking in from the lights on the roof in the front passenger side.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 21, 2022

I'm assuming that you purchased the vehicle as new from a Puerto Rico car dealer. Have you taken the car back to the dealer to have it serviced? Under the Puerto Rico Consumer Affairs Department ("DACO", by its Spanish acronym) regulations, you have 3 years or 36,000 miles as the... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: The lawyer in Puerto Rico has stated that the Island Gov't. will take 20% of the funds for taxes. I am on S.S.Disability

I pay no taxes in the states. Will that make any difference on the 20% Tax?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

At this time, Puerto Rico does not have an inheritance tax. Nevertheless, if an heir residing in the states sells his/her share in a real estate property located in Puerto Rico, the proceeds of the sale are subject to a 15%-20% retention pursuant to the Puerto Rico Tax Code, so as to force the... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: My father's will/estate has been settled in Puerto Rico and we all know what we're recieving, but the lawyer said I

Have to travel to the island to get my funds. Is this correct?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

As a rule, banks prefer to personally deliver in hand checks to each of the heirs, unless an heir living abroad grants a special power of attorney authorizing someone else to physically appear to collect the funds. If you already have an attorney working the case and you cannot travel to Puerto... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Who recieves the property? What can we do ?!

My parents passed away and left there home in Puerto Rico to all there kids. The past few years my uncle was uncle was living In The home and keeping it up. He just married a woman a couple of months ago and he has recently passed away. Now the woman he was married is refusing to leave my... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After... Read more »

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: I let a friend borrow $1200 she lives in Guaynabo. She made two payments but has defaulted. Can I file a claim? How?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

To answer your question: Yes. You can file a claim, in the form of a collections lawsuit, with the Guaynabo Court of First Instance, under Civil Procedure Rule 60. The claim must be filed with a sworn statement, avowing under oath that the allegations in the lawsuit are true and correct. You must... Read more »

2 Answers | Asked in Probate for Puerto Rico on
Q: I live in Tennessee as did my father when he passed away in 2020. He owned a residence in Puerto Rico and a will distrib

Assets. Do I have to go to Puerto Rico to receive my money?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

Certain steps must first be addressed before determining who can collect.

With a copy of your late father's death certificate, a certification of Will must be procured from the Puerto Rico Office of Notary Inspections (I'm assuming that his Will was signed and subscribed in Puerto...
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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: I had a neighbor that bring a federal agent to his house that utilize an infrared camera to take pictures and hearing in

My house without permission how do I could go with the law against he

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 14, 2022

First of all, I advise that you to consult an attorney admitted to the Federal Courts to determine your options. You do not state how you come to learn that an infrared camera was used to take pictures and hearing in on your house. You do not state whether said property is located in Puerto Rico.... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Purchased 9 acre property w/ house.We are interested to subdivide a parcel off to sell as lot.What is req. process?

Property located in Rincon, Puerto Rico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 10, 2022

In general terms, you should start by procuring either a Title Study or a Registry Certification from the Property Registry, to certify that you appear as owner of the real estate property. Next, you need to retain the professional services of a civil engineer, who'll prepare a plot plan... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: How can I prevent my brother's girlfriend from having keys of a shared home in PR. He and I are inheriting the property

My brother and I are the heirs of our late parents home and other properties. We just started the process of the Declaration of herederos. He is becoming very agressive with me and his girlfriend is all over my things etc. Can I ask an officer to assist me to the home to remove things from the... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 10, 2022

As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: A family member mention that there was some money and it was posted in the newspaper, where do I start?

Mayaquez, PR is where my grandfather resided . Not getting much help from that side of family, was born in the US so not very close to them.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2022

When a close relative dies, such as the case of your grandfather, the first thing that needs to be done is whether the deceased died having left a Will or not. If no Will exists, a Declaration of Heirs must be petitioned from the Puerto Rico court. Depending on when your grandfather died, the court... Read more »

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Esta ley se circunscribe al los negocios, oficinas y tiendas que ubiquen dentro de las facilidades del centro comercial?

No aplica a oficina o establecimientos fuera de las facilidades del centro comercial? Es correcto? Yo como dueña de una oficina de servicios fuera de una ubicación considerada centro comercial no estoy sujeta a la aplicabilidad de esta ley, es correcto?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 19, 2022

No tengo manera de responder a su pregunta sin conocer a qué ley se refiere.

1 Answer | Asked in Family Law for Puerto Rico on
Q: i have a question about family law in puerto rico. My question is if i sign my rights over do i still pay child support?

I am also looking for a lawyer in puerto rico .

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 18, 2022

You need to be more specific regarding "signing over your rights". Are you ceding your "parens patriae" ("patria potestad", in Spanish) rights, which are your right to make decisions regarding the well-being of your child? Are you ceding your custody right, which is... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father never married but her children say they are entitled to money from sell of his land is at correct he lives pr
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 17, 2022

If your father never married, any property he purchased belongs solely and exclusively to him. In Puerto Rico, the common law wife has no rights as to property acquired by your father. Regardless of whether his companion lives or dies, any proceeds from the sale of his property belong exclusively... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2022

I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to... Read more »

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Is my dad’s second wife entitled to half the house he owned in Rincon, PR?

My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 14, 2022

A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do I obtain exemplified copies of documents from Puerto Rico?

I am trying to secure title insurance on a Florida parcel of land I purchased in 2008 from the heirs of a deceased resident of Puerto Rico. He deceased in 2000. I have the declaration of heirs and each of the heirs signed my deed. The title insurance company is requesting either a Florida mini... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 11, 2022

The certificates you require are not provided by the court. They're provided by different government agencies in Puerto Rico, as described below. The cancellation of stamps & tariffs on the certificates designate them as originals, and are, thus, not notarized (sworn).

Vital...
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