Questions Answered by Naomi Jusino

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

1 Answer | Asked in Car Accidents for Puerto Rico on
Answered on Nov 13, 2018
Naomi Jusino's answer
Dear Reader,

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

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

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Answered on Oct 18, 2018
Naomi Jusino's answer
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 be used.

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

2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on
Answered on Sep 6, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Probate for Puerto Rico on
Answered on Sep 6, 2018
Naomi Jusino's answer
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.

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

2 Answers | Asked in Divorce for Puerto Rico on
Answered on Jul 8, 2018
Naomi Jusino's answer
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 special hearing called "conciliation." Its purpose is to see if the parties can overcome their differences for the benefit of the children under age. If the parties are not reconciled, the procedures for...

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

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear reader:

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

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

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear Reader:

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

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

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Mar 15, 2018
Naomi Jusino's answer
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.

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

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Dec 21, 2017
Naomi Jusino's answer
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.

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?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Nov 30, 2017
Naomi Jusino's answer
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.

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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Puerto Rico on
Answered on Nov 9, 2017
Naomi Jusino's answer
Yes.

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

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

1 Answer | Asked in Adoption and Family Law for Puerto Rico on
Answered on Sep 8, 2017
Naomi Jusino's answer
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 change of name and definitely you will need to present evidence of the adoption case.

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

2 Answers | Asked in Contracts, Real Estate Law and Probate for Puerto Rico on
Answered on Aug 14, 2017
Naomi Jusino's answer
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.

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?

2 Answers | Asked in Child Custody for New York on
Answered on Jul 21, 2017
Naomi Jusino's answer
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.

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

1 Answer | Asked in Child Custody and Divorce for Puerto Rico on
Answered on Jun 12, 2017
Naomi Jusino's answer
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.

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

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on May 15, 2017
Naomi Jusino's answer
Yes.

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

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

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Apr 18, 2017
Naomi Jusino's answer
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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