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Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: For a property in PR, which amount is subject to taxation for a resident of the US who inherited it when sold?

Ex. - Juan's mother dies in 2020. Juan inherits this property at this time. He is going to sell it in 2023 for 200K. Is 200K the taxable amount, or is the taxable amount a percentage of the appreciating value between 2020-2023? (Step up basis)

James L. Arrasmith
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answered on Dec 25, 2023

When Juan inherited the property in Puerto Rico in 2020, the basis of the property for tax purposes would typically be the fair market value at the time of inheritance. This is known as a "step-up" in basis. When he sells the property in 2023 for $200K, the taxable amount would generally... View More

1 Answer | Asked in Estate Planning, Banking and Probate for Puerto Rico on
Q: My Dad gave his sister authorization in his bank account. The day after my Dad passed my aunt took money from his acct.

All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 18, 2023

Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto... View More

1 Answer | Asked in Real Estate Law and Contracts for Puerto Rico on
Q: A Florida company bought the property management company managing my property located in PR. Where can I file suit?

Property is in Puerto Rico, transactions occurred online and they kept the money paid to them by my guests. Not all but some.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 18, 2023

Your question does not state your cause of action for suing. Given that the company is in Florida, I'm assuming that they have no presence in Puerto Rico. In that scenario, diversity of (state) citizenship stipulates that you'd need to file the lawsuit in the Federal Court for the... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Do I need an attorney to file a Declaration of Heirs in Puerto Rico?
Ramon  Olivencia
Ramon Olivencia
answered on Dec 10, 2023

Due to the particularities and legal requirements needed for a Declaration of Heirs in Puerto Rico, an attorney is highly recommended. That way, you can rest assured that the petition is filed correctly before the courts. Any errors could negatively affect the rest of the documents that are... View More

1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: In Puerto Rico can my social security check can be garnished to pay a month of rent if that’s my only income?
T. Augustus Claus
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answered on Nov 27, 2023

In order to garnish your Social Security benefits, your landlord must first obtain a judgment against you in court. Once the landlord has a judgment, they can then file a garnishment order with the Social Security Administration. The Social Security Administration will then withhold a portion of... View More

1 Answer | Asked in Tax Law, Municipal Law and Probate for Puerto Rico on
Q: We have several problems here involving renouncing inheritance, segregation, and property tax status.

How do you renounce inheritance in Puerto Rico and find out property tax status (have the taxes been paid)? Also, if we renounce inheritance, can we shift the property to a relative who lives there? We live in the United States.

James L. Arrasmith
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answered on Nov 19, 2023

To renounce an inheritance in Puerto Rico, you must formally declare your intention to do so within a specific timeframe, usually within nine months of the decedent's death. This declaration is made before a notary in Puerto Rico. It's a definitive decision, meaning once you renounce, you... View More

1 Answer | Asked in Health Care Law for Puerto Rico on
Q: Can a doctor not accept insurance plans they are contracted to accept?

A MRI clinic in San Juan, Puerto Rico say they don’t accept my insurance plan. In speaking with my provider they tell me they are under contract and are obligated to do so.

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2023

An attorney practicing in Puerto Rico could advise best, but your question remains open for three weeks. Provide the billing department of the MRI center with the name and contact information for the insurance carrier representative you spoke with and ask them to contact the carrier (unless... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed away over 20 ago and in their will they stated that the home would belong to one of my uncles

And the property would be split among all the siblings. The only surviving child is my father. Would like to know who is now the rightful owner of the house and property. The property is currently vacant and looking to sell it. This property is in Puerto Rico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 2, 2023

You need to verify the real estate property's status in the Puerto Rico Property Registry: were your grandparents' wills filed to transfer ownership to their children (your father, aunts, and uncles)? Assuming that the transfer was completed, an adjudication deed would've need to be... View More

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Pension alimentaria a joven de 18 que no estudia.

Bajo las leyes de Puerto Rico, un joven de 18 años, graduado hace un año (2022) de esc superior, no continuó estudios universitarios, no trabaja, tiene derecho a recibir pensión alimentaria hasta los 21 años?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2023

En Puerto Rico, todo joven menor de 21 años se considera menor de edad; y, por lo tanto, acreedor a pensión alimentaria. Si la pensión es a través de ASUME o fue establecida por orden del tribunal, aún si llega a los 21 años, la suspensión de la pensión no es automática; y requiere que... View More

1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: My dad wants to donated his house to me and my 2 sibling are in agreement. Do I have to pay any kind of taxes?

The house is located in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 24, 2023

Any real estate property located in Puerto Rico that does not constitute your primary residence is subject to property taxes. If the property currently belongs to your father and is his primary residence, he may have requested a tax exemption from the Municipal Income Collections Center... View More

2 Answers | Asked in Contracts, Arbitration / Mediation Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.

To whom it may concern,

Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More

James L. Arrasmith
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answered on Oct 23, 2023

Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent... View More

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2 Answers | Asked in Contracts, Arbitration / Mediation Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.

To whom it may concern,

Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

I'm sorry for your mother's ordeal. You describe difficulty in finding an attorney to handle the matter, and an attorney in Puerto Rico should advise, as any arbitration or litigation would be governed by territory-specific guidelines. You could continue to search for attorneys, look into... View More

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1 Answer | Asked in Family Law and Gov & Administrative Law for Puerto Rico on
Q: Currently trying to figure out how to update my name and gender marker on my PR Birth Certificate. Any advice?

Trying to get passport and the only document that doesn’t reflect my name change and gender marker is my birth certificate which I been told I have to get fixed in PR by a lawyer but not sure where to go from there as I’m having a hard time finding a lawyer who does this kind of thing.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

An attorney in Puerto Rico should advise, but you await a response for two weeks. At this point, you could reach out to attorneys. You could supplement your own searches with the "Find a Lawyer" tab above, and with bar association attorney referral services. Those resources are outside... View More

2 Answers | Asked in Estate Planning for Puerto Rico on
Q: My parents are married, own a home in Puerto Rico and were told they had to make two individual wills. Is this correct?

My parents were told they have to make two living wills separately even though they are married. We are three children in total, one of which is my mothers child from a previous marriage. Both my parent's name are in the house documentation.

Nina Whitehurst
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answered on Sep 5, 2023

A "living will" is an advance directive that expresses one's wishes with respect to end of life medical decisions. My guess is what you meant to write was "last will and testament" or simply "will". It is very uncommon for a married couple to make a joint will... View More

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: 2 siblings inherit a home in PR. One of the siblings past away. Said sibling who past away was married although had been

Separated for years! Perhaps now she’s a forced inherited? She’s an alcoholic, mentally unstable and unable to understand. How can the other living sibling take her out of the forced inheritance to be able to sell the house?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 29, 2023

If the deceased sibling died after November 28, 2020, his spouse inherits along with any descendants he may have left. Now, if the deceased sibling died before November 28, 2020, his spouse would still inherit an annuity equal to a simple share of a third of his estate, equal to what any other heir... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My father passed away last year (2022) in Puerto Rico. How do I find out if a Will was left and if I was named?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 29, 2023

Assuming that your late father lived and died in Puerto Rico, and having a copy of your father's death certificate, a request can be made to the Office of Notary Inspections ("ODIN", by its Spanish acronym), with whom are filed all the wills subscribed in the Commonwealth of Puerto... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I'm selling a house in Puerto Rico but I'm in NY. The house is inherited by my mother and 6 children of adult age.

Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.

T. Augustus Claus
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answered on Aug 22, 2023

When selling a house in Puerto Rico and utilizing power of attorney, the lawyer's request for copies of the grantors' driver's licenses is likely for the purpose of verifying the identities of the individuals granting power of attorney. This practice helps ensure the legitimacy of... View More

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I'm selling a house in Puerto Rico but I'm in NY. The house is inherited by my mother and 6 children of adult age.

Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 29, 2023

Although you're appearing for the sale through one or more power(s) of attorney, the notary is required to give faith that he/she has identified you, given that (a) he/she does not personally know you, and (b) he/she has no witnesses on hand to give faith of personal knowledge of you as... View More

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Law in Puerto Rico. Where can I get a copy of my deed . I cannot locate my original? My property is in Boqueron, Puerto

The lawyerI used who was also a notary was disbarred in 2014.

Ramon  Olivencia
Ramon Olivencia
answered on Jul 19, 2023

Getting a copy of your deed from a deceased attorney in Puerto Rico is complicated. First, you must contact the district or region on the island where the attorney used to practice, called the Notarial Archive ("Archivo Notarial"). Then, after several days of searching for the deed, they... View More

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Law in Puerto Rico. Where can I get a copy of my deed . I cannot locate my original? My property is in Boqueron, Puerto

The lawyerI used who was also a notary was disbarred in 2014.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 19, 2023

If you can identify the Boqueron property in the Property Registry, you can identify the deed #, subscription date, and the notary before whom it was signed. If you already have this information, you may call the Office of Notary Inspections to determiner where the notary's deed protocol (his... View More

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