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Questions Answered by Naomi Jusino

1 Answer | Asked in Car Accidents for Puerto Rico on

Q: on October 23 at 2.00am I was struck by a Toyota outlander on the drivers side.he he ran a read light is he libal

the insurance company says if he wount admit he was the cause they would pay less of the insurance the police report states he ran a red light the lady who attened me ignored the police report there were two witness.

Naomi Jusino answered on Nov 13, 2018

Dear Reader,

Yes, he is liable. You have one year after the accident to file your complaint in Puerto Rico.

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on

Q: My mom is in the process of closing my deceased father's bank account in Puerto Rico. I have two sisters that

live there with my mom. I live in the US. The bank told her they need all four of us to sign for the funds to be paid out to my mom. Since i'm not there, what kind of document do i need to authorize any of my sisters to sign on my behalf? Would a power of attorney suffice?

Naomi Jusino answered on Oct 18, 2018

Dear Reader:

You can sign a power of attorney, but to be valid in Puerto Rico, you will need to send the document in original with a certification of the County Clerk. Once they have the document in Puerto Rico, the will need to attend to a Notary Public so that they can validate it and can...
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2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on

Q: For a will, Must the parent include all the children in the will

Naomi Jusino answered on Sep 6, 2018

Dear Reader,

The answer in first hand is yes.

A reason to exclude children is that the Testator disinherit a child in the will. If not, the Will can be contested.

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1 Answer | Asked in Probate for Puerto Rico on

Q: What is the procedure when widowed dad passes away and owned a home in P.R. He also had POA's for me & my two siblings

My dad had Power of Attorneys for me and my two siblings when my mom passed away. I contacted his attorney But i feel that he is only working with my sibling whose not relating no information to me. I am considering contracting my own attorney. Also my dad gifted a check in a large amount before... Read more »

Naomi Jusino answered on Sep 6, 2018

Dear Reader,

In Puerto Rico, once a person passes away, the heirs has to inform if the person had a Will. If not, they will need to start the process of Declaration of Heirs so they can take any decision with the estate left.

2 Answers | Asked in Divorce for Puerto Rico on

Q: In Puerto Rico, a person can divorce on grounds of abandonment or separation. Whats the difference?

Naomi Jusino answered on Jul 8, 2018

Yes they can.

The diferrence is that in separation cases you have to prove that the separation has being for tow years or more.

When the demand for divorce is based on the grounds of cruel treatment or abandonment, and there are minor children, the court cites the parties to a...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on

Q: My husband's son lives in Puerto Rico and they do not have a custody arrangement. How can he file for custody?

The son is living in very bad conditions due to the recent hurricane, can he file emergency custody?

Naomi Jusino answered on May 8, 2018

Dear reader:

To file a custody or visitations case, you will have to file in the court of the area where the child lives.

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on

Q: What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico .

What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico . I asked since I just move to the US with out father's awareness

Naomi Jusino answered on May 8, 2018

Dear reader:

In Puerto Rico a child born outside a marriage has the same rights as one born during marriage.

The legal custody is established by the court.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: Does the Puerto Rico court take an affidavit aggrement made by both parents in consideration ?

If I made notarized affidavit with children's father with him stating that he allows me to take the children to reside occompanied by me to the US with the condition that he is able to take them back to Puerto Rico for vacation for no more than one month at a time. He would also have to make travel... Read more »

Naomi Jusino answered on May 8, 2018

Dear Reader:

Yes, is can be considered in a custody case as a previus agreement. But if for some reason things change, the court can establish new conditions and reevaluate the custody case or visitations plan.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: If I am grantes custody of my children in Florida do I have to appear in court if my ex filed in PR?

I filed for custody here and the mother filed a month later in PR. My children have been here 6 mos. I recieved notice that I am going to be held in contempt for not responding to her filing there. What are my options?

Naomi Jusino answered on May 8, 2018

Dear Reader:

If you were summon, the right thing to do is to answer. You can notify to the court that there is a case in FL and that the kids are living there for 6 months or more.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: How I can give the whole custody to the other parent?

Naomi Jusino answered on May 8, 2018

Dear Reader:

Yes, under the laws of Puerto Rico you can give the custody of a child to one parent or to both.

1 Answer | Asked in Child Custody for Puerto Rico on

Q: At what age does child support obligations end in PR?

I live in NC and my daughter resides in PR.

Naomi Jusino answered on Mar 15, 2018

Dear Reader:

As a normal rule, the alimony or support obligations ends at the age of 21 (legal age). But your dauther can request support after 21 years if she is studying and/or has any limitation to work or live independently.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on

Q: Where does child support goes to the state or the mom in puerto rico if I start paying childsupport & I'm behind 4000

Naomi Jusino answered on Dec 21, 2017

Hi,

All the money for alimony is deposited in a child support (ASUME) account in Puerto Rico and it goes directly to the mother or father with custody of the child.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: My husband passed. He has 3 children located in the US. Do they have right to all of his assets or just his property?

Naomi Jusino answered on Nov 30, 2017

For the estate and assest located in Puerto Riro, the local law applies to the heirs.

If he died without a will, you will need to complete a declaration of heirs and all the children will have rights as well as the widow.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on

Q: Are there any resources in PR for dealing with Parental Alienation issues?

http://www.duhaime.org/LegalDictionary/P/ParentalAlienation.aspx

Naomi Jusino answered on Nov 9, 2017

Yes.

Under a case of custody or visitations you can allege Parental Alienation.

1 Answer | Asked in Adoption and Family Law for Puerto Rico on

Q: I adopted my step daughter in FL how do change her birth certificate in Puerto Rico

Naomi Jusino answered on Sep 8, 2017

Hi,

If you want to change the information in a birth certificate issued by the demographic registry in Puerto Rico, you will need to file a case about change of name of correction of birth certificate in the district court where the child was born. You will need to state why you request the...
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2 Answers | Asked in Contracts, Real Estate Law and Probate for Puerto Rico on

Q: Being my fathers only child, do I have any entitlements if removed from my fathers will and assigned to a non-relative?

Naomi Jusino answered on Aug 14, 2017

In Puerto Rico, as the only child of your father you are entitle of his heritage. If he left a Will, and didn't include you as heir, you can proceed with a legal action of Will Contest.

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2 Answers | Asked in Child Custody for New York on

Q: I have a son but he does not have my last name my ex-girlfriend does not want him to have it. What can i do?

He was born in puerto rico but he lives in new york now. Can i go to new york and have them change it in a new york court?

Naomi Jusino answered on Jul 21, 2017

You can legally recognize your child. My recommendation is to initiate the process en Puerto Rico, where the child was born so they can amend the birth certificate.

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1 Answer | Asked in Child Custody and Divorce for Puerto Rico on

Q: If a woman is married in Puerto Rico and live in pr with her husband and kids can she divorce and bring the kids to usa

She was married in pr and had her kids in pr.

Naomi Jusino answered on Jun 12, 2017

Yes. You have to file a divorce and custody case in Puerto Rico. You will need to request the transfer of residency of the minors to the USA. The court will evaluate the request so you can travel to the US with the kids.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: I'd like to appoint two people as my executors - is that okay?

Naomi Jusino answered on May 15, 2017

Yes.

Under the laws of Puerto Rico you can have as many as executors you want always under the right Power of Attorney.

1 Answer | Asked in Divorce for Puerto Rico on

Q: Are there any types of income or assets that are off-limits during a divorce where there's no pre-nuptial agreement?

Naomi Jusino answered on Apr 18, 2017

Under Puerto Rico laws, if you get married without a prenuptial agreement everything obtained during the marriage (assets or debts) belongs to both spouses, except all you acquired by inheritance.

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