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Questions Answered by Ramon Olivencia, Esq.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on

Q: Uncle passed away and had no children. Only surviving relative is my mom. Is she the owner of his property now?

No known will is in place. And we don't know if annual taxes have been paid on property.

Ramon Olivencia, Esq. answered on Aug 31, 2019

If the property is located in PR and his parents are no longer alive, and he did not leave a will, then the heir will be your mom but the inheritance process will have to be done in order for her to formally become the owner. If the property was his principal residence and he had obtained full... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: Bought property from my mom and dad in Puerto Rico. What do I need to transfer the property under my name.

I already have a written agreement by a lawyer and signed by all parties with the purchase agreement. What additional paperwork would I need to make this official.

Ramon Olivencia, Esq. answered on Jul 22, 2019

1. Sales deed to be prepared by an attorney with both parties appearing (sellers and buyers)

2. Transfer at the Property Registry

3. Transfer at the property tax agency (CRIM)

2 Answers | Asked in Real Estate Law for Puerto Rico on

Q: I have a house in Puerto Rico ther for sale and have buyer interest to purchase it. Do I have to go for any closing?

Or can everything been done over the internet. Such as providing documents that the house is mine. Signing the house over to the buyer? If so how do I get my money. Does the bank wire me the money?

Ramon Olivencia, Esq. answered on Jun 9, 2019

You can designate someone via a Power of Attorney with the advice of a lawyer based in PR. As to the bank, they could wire the money or send a check, depending on their policies, or the designated representative can just mail it to you.

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2 Answers | Asked in Estate Planning for Puerto Rico on

Q: Can I, please be directed where in Puerto Rico I may get an answer whether a case for inheritance has been filed?

Our mother died, followed by stepfather, youngest 1/2 sibling has hinted he has attorney for inheritance who has filed and brother claims it is all his and other 1/2 siblings (step-father's children). He has not been forthcoming with any other info., nor has his attorney. I would like to confirm... Read more »

Ramon Olivencia, Esq. answered on Jun 7, 2019

Normally, the case could be searched under the heir filing the case.

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

Q: Are all living children responsible for inherited property taxes even if some have given up their claim?

There are 5 living children who inherited land from deceased parents. 4 of the kids are giving up their share. Are all the kids still responsible for the payment of property taxes whether or not the property is sold, or if the government takes control of the property and demolishes the house on... Read more »

Ramon Olivencia, Esq. answered on May 16, 2019

If they haven´t actually received the inheritance yet, they should resign it by subscribing a deed through an attorney.

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: How can I put a house for sale in P.R. after getting heir of declaration certified through court?

Ramon Olivencia, Esq. answered on Feb 27, 2019

No. You need to now obtain a waiver or clearance from the PR Treasury Department by filing an Inheritance Form, also called an Estate Tax Form. Then, there needs to be the transfer of the property rights to the heirs via the Property Registry of PR.

1 Answer | Asked in Probate for Puerto Rico on

Q: Can my brother change the deed of my mom to his name and not notify us of his doing? Do we loose everything?

Mom dead, need to change deed of land to her children names, can a brother change the deed for himself. We all live on US not Puerto Rico

Ramon Olivencia, Esq. answered on Sep 10, 2018

No, he can’t.

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

Ramon Olivencia, Esq. answered on Sep 6, 2018

In PR, children are considered to be "forced heirs". That is, for them to be "disinherited" in a will, there must be a specific valid reason under one of the causes provided by law. Make sure that this is done via a local attorney.

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2 Answers | Asked in Real Estate Law for Puerto Rico on

Q: Do all parties have to be present at a house closing in PR? Can someone stateside have documents mailed?

We live in New Mexico & are buying a house in PR. The agent says we must come back down for the closing. What about Docusign or FedExing the documents?

Ramon Olivencia, Esq. answered on Sep 4, 2018

You could always have a Power of Attorney be prepared by a local attorney in PR, who will know what to include in such document. However, the POA will have to name a local representative to be present at the sale.

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1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: Mom and dad are on the deed of a house my dad passed away and my mom wants to sell, what portion of the sale is hers?

The house is paid off and there are a total of nine children.

Ramon Olivencia, Esq. answered on Aug 25, 2018

If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to several factors, including... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on

Q: if my dad creates a will in Puerto Rico and leaves his house to me is that the final say even though I have 2 other

Sisters? Or is there other steps that need to be taken so that the house is left to just me?

Ramon Olivencia, Esq. answered on Jul 31, 2018

If that is the only property he has, it cannot be done unless he specifically disinherits your 2 sisters, making sure that it is due to the reasons stated by law. In Puerto Rico, the children are what is called "forced heirs", so their inheritance could only be voided as specified by law.

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

Q: Need a legal aid dept. that can assist w/Declaratorio de Herederos in for senior collecting social security in PR

My sister is a widowed senior, owns a home in PR, wants to make arrangements for her siblings for the future according to the Puerto Rico laws & requirements/above documents, or Affidavits? Three living children, two live in NJ, one lives with her in the home in PR. Thank you. Any advice would be... Read more »

Ramon Olivencia, Esq. answered on May 10, 2018

Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.

2 Answers | Asked in Real Estate Law for Puerto Rico on

Q: How can my bother in PR obtain "legal ownership" of the property portion he rents out (it was my deceased parents' home?

My brother lives & owns the first floor of my deceased parents' home, but rents the 2nd floor, which was occupied by my parents before they died "intestate"; all the surviving siblings live in both PR and NJ. What steps are required to obtain legal ownership of the rental? I'm a NJ State Board... Read more »

Ramon Olivencia, Esq. answered on May 10, 2018

If the property was located it PR, a Declaration of Heirs has to be filed at the court system so that the "forced heirs" (i.e., the children of the deceased) can be officially declared as the heirs. Also, an Estate Tax Form ("Planilla de Caudal Relicto") has to be filed at the PR Treasury Dept to... Read more »

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1 Answer | Asked in Probate for Puerto Rico on

Q: My father in law perished during hurricane Maria on the island of culebra. There was No will and there is property

The sister has mental and addiction issues and the brother (my common law husband) is indigent. Can we start the process ourselves wo a probate lawyer ... we have no money to hire one

Ramon Olivencia, Esq. answered on Apr 14, 2018

Yes you can. However, given the complexity of inheritance laws, particularly if you don´t live here or you don´t speak Spanish, it is highly recommended that you hire a lawyer, one that perhaps won´t charge you up front. In the long run, you will realize that for the amount of work, details and... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: I am buying a property in Puerto Rico and have PR power of attorney so my father can sign closing documents, if I get it

Notarized in Oregon and mail to him will it be valid in Puerto Rico?

Ramon Olivencia, Esq. answered on Jan 7, 2018

It would need to be notarized in the US and sent to PR with a County Clerk’s Certificate of Notarial Authority attesting to the Notary Public's authorization for the date of the signing. Then a local attorney (a notary public) in PR would need to have it "protocolized", that is, to be made part... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Puerto Rico on

Q: hello I and my older brother and sister received an inheritance. Since I was away for a long time neither sibling will

let me know about the inheritance...what can I do about it

Ramon Olivencia, Esq. answered on Aug 3, 2017

You could first try to see if there was any court case filed either through the judicial system per se or by contacting an attorney.

1 Answer | Asked in Estate Planning for Puerto Rico on

Q: I have 1/3 of an inheritance sitting in the courts in Bayamon since 2016. I have the file #. How do I retrieve my money?

My mother passed away in 2010. The lawyer that represented both my sisters is unable to help me because he represented them. My sisters and I have no contact at all and the money was divided by the courts in Bayamon, PR. I need to know which division within the court I should contact, as I have... Read more »

Ramon Olivencia, Esq. answered on Jul 3, 2017

It has to be done in writing through the court, via the Accounts Division, but it´s usually difficult to find someone who is English-speaking. However, a lawyer will be able to get the money in a relatively speedy manner. Feel free to contact us if you want this to be taken care of right away.

1 Answer | Asked in Probate for Puerto Rico on

Q: Does a will have to be file? Or does the lawyer that drew the will automatically Files it?

Ramon Olivencia, Esq. answered on Jun 26, 2017

The attorney will automatically file or register it within 24 hours of the signature.

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: I live most of the year in Florida and want to buy a vacation rental in Puerto Rico.

Will I need to pay any special taxes on the rental income the property generates?

Ramon Olivencia, Esq. answered on May 14, 2017

Yes, you will need to pay a monthly "room tax", at a rate of 7%, to the PR Tourism Company -a government agency- for any short term rentals less than 90 days.

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