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Puerto Rico Questions & Answers
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...
Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Construction Law for Puerto Rico on
Q: ¿Es obligatorio cubrir la 1/2 de los gastos de reconstruccion de una pared medianera?

Una de las partes implicadas construyó la pared medianera hace varios años. La otra parte que no aportó a la construcción alega el muro esta cediendo. El muro no ha sido examinado por un perito en construcción y aparenta estar en buen estado. La parte peticionaria solicita al Tribunal la parte... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 6, 2022

La respuesta a su pregunta depende en dónde se construyó la pared medianera. Si se halla en el terreno de una de las partes, ese dueño es quien debe asumir el costo. Si se halla en el medio exacto entre ambas propiedades (o sea, que la pared medianera toca ambas propiedades, ambos dueños... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Me and my siblings (3) inherited a home in Cabo Rojo but My siblings want to sell it so that 1 of the 3 buys it, I don’t

Do I have to sell my portion of the house. Also the lot is pretty big, is that separate from the house?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 6, 2022

The Puerto Rico Civil Code and relevant jurisprudence clearly states that no commoner (co-owner) may be forced to remain in a property community, which is what you and your 3 siblings have. If you do not want to sell your share but have the resources to buy out your siblings, you may do so.... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Seller is breaching an active RE contract? How to get her to abide by the contract she signed?

I have a RE contract for $83k purchase price on a Condo in Santurce. Appraisal came in today at $67k. In the contract the seller agrees to negotiate if the appraisal is lower than purchase price.

I have contingencies in the contract for the appraisal amount & me successfully obtaining a... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 1, 2022

I'm assuming that you are referring to an options contract subscribed. I advise that you prepare a letter and send it via certified mail with receipt confirmation, whereby you (a) refer to the appraisal amount; (b) refer to the specific contract terms providing for good faith negotiation in... Read more »

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Do I have to be physically present to sign/relinquish a deed? I am stateside and ex husband is residing in Puerto Rico

Deed is in both our names and I will relinquish it/ hand it over to him.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 26, 2022

I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Puerto Rico on
Q: In Puerto Rico, is it considered kidnapping if a married spouse refuses to return to the island with their child?

Address Loiza, PR. I am married & when traveling back to Florida, I chose to leave my husband, he new of the trip to visit my adult son & he purchased our tickets. Due to years of emotional abuse & an irreconcilable relationship. I have our 9yr old daughter with me, she is homeschooled... Read more »

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

Under normal circumstances, the illegal deprivation of custody is considered a misdemeanor (Article 121 of the Puerto Rico Penal Code); and occurs when a parent is denied the custody of a child. However, it is considered a felony with a fixed jail term of eight (8) years when the minor is... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: My sister and I are about to purchase land in Puerto Rico. All paper work is good and land is clear with the state and

Town. We want to divide the land and register our parcel separately. How can we accomplish this? Can this transaction happen directly from seller to the two new buyers with each buyer claiming their part of the land? Or does it have to be registered under one person and then be separated? Need... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2022

The property must be segregated by way of a deed. Although this can be accomplished in the sales deed, you cannot segregate a property without procuring required legal permits beforehand. The quickest, most expedient way I recommend would be for you and your sister purchase the land and register it... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Grandfather died.Grandma want to sell home.I want to purchase.Can she sell without involving their children?

No will or anything

Ramon  Olivencia
Ramon Olivencia
answered on Sep 17, 2022

No, she cannot sell the house without involving their children. Assuming that the house was bought by both grandparents, your grandmother owns only half of the property, since the other half is to be divided among his children.

If he passed away after the new Civil Code of November 2020,...
Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: Under Puerto Rico inheritance laws do all heirs have to be present to collect their inheritance money from the bank
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 15, 2022

You need to repost your question under the Puerto Rico section not NJ as you have to have a chance of getting the right answer as here you will only get NJ lawyers and most don't know Puerto Rican law.

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Do I need to retain a lawyer to go before a court to address the matter of affiliation? before confirming a declaration

of heirs? Or is it as simple as just walking in? Can you recommend a lawyer in Isabela?

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Sep 14, 2022

Greetings:

It depends on whether the matter turns adversarial, if there are discrepancies or concerns the court might recommend it.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My father only recognized my apparent sister verbally. Would her participation even

be relevant during the declaration of heirs? Thank you for your reply. Greatly appreciate it.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 6, 2022

The Puerto Rico Civil Code stipulates that a parent may recognize a child by any means; and, should the parent die, his/her heirs may recognize the sibling.

I’m assuming that your late father expressed his recognition of your sister to you. If so, even in the existence of a Will, I would...
Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: If both myself and (apparent) sister go before the court for the declaration of heirs, we will both be required to show

a birth certificate, but the apparent sister doesn’t have a birth certificate with my father listed as her father nor does she have DNA results to prove a legal relationship. So what can she do to be eligible to receive my father’s inheritance? Can her and I perform a sibling dna test? Will... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

The test results only present a probability of kinship between 2 sisters, especially when related by only one parent. Photo comparison with grandparents and other relatives also help. How and under what circumstances DID your father recognize her as his daughter?

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father died in 2021. His known descendant is me (his biological daughter). However, he claimed another young

lady as his daughter too, that I don’t think is biologically his. Will this young lady have to provide proof that she is indeed an offspring of my father’s to inherit a portion of his estate?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 5, 2022

You don’t state what form did your dad’s recognition of your (apparent) sister take. If your dad recognized her as his legal daughter in a Last Will & Testament, she would only need to provide proof of identity. With no Will, you’d both need to go before the court for a Declaration of... Read more »

1 Answer | Asked in Civil Rights for Puerto Rico on
Q: Can I sue Mayor of the city I live in with a Civil case for Fraudulently lying to me a retired missionary RN moved to PR

Post Maria in Puerto Rico involved major debris clean up. My brother happened to be standing by the wall the date the contracted crew did the damage to my wall when removing neighborhood debris. He was instructed to fill out local police which he did dated 12/2017. Then in 04/2018 when my... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2022

This looks like it involves hurricane-related damage that took place in Puerto Rico. The attorneys who practice there could advise better on this. You could repost under "Puerto Rico." You'll see a link, "Show More States." When you click that, you'll see... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many... Read more »

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