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Questions Answered by Ramon Olivencia
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,...
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1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I know I'm a beneficiary. Grandpa lived and died in Bayamon, PR. I don't have the will or know who the executor is. ?

So I repeat. No will. No death certificate. I'm a grand child so apparently not entitled to one. How do I find out who the executor is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2022

An attorney should be able to get you the death certificate and find out who the executor is if indeed you appear as the beneficiary on the will.

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I looked up how to get my grandpa's death certificate, but everything says I can't be a grandchild. what do i do?

I know i am a beneficairy, but I don't have the will, and It says i am not entitled to the death certificate. I just want to reach the executor of my grandfather's estate cause they know I am a beneficiary and will tell me what I need to know. How do I find out who it is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 12, 2022

If the person passed away in Puerto Rico and you are a beneficiary, an attorney should be able to obtain the death certificate for you, as well as a copy of the will.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: Is my Will/Trust where I reside valid in Puerto Rico or do I need a Puerto Rico Will/Trust for PR property?

All other assets are in and our permanent residence is in FL. The House in Puerto Rico is owned Jointly (JTWRS) with my wife. Per the FL will/revocable trust, my wife will inherit everything but if/when she passes, our three kids will inherit the assets equally, including the PR house. We... Read more »

Ramon  Olivencia
Ramon Olivencia
answered on Mar 21, 2022

Typically, inheritance or probate norms vary depending on where the real estate assets are located. In the case of Puerto Rico, specific inheritance laws are in effect. You need to have a PR-licensed attorney look into your estate, given that we have what is called "forced heirs". The... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My dad left me a property stated on the will in p.r. And my stepmom the house free disposition. Do I have rights to it?
Ramon  Olivencia
Ramon Olivencia
answered on Mar 6, 2022

It´s impossible to give you a straight answer without looking at the will. It will also depend on when he passed away, assuming he did already. You should consult with a probate or inheritance attorney.

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I live in Maryland, I have a house in PR I wish to donate to my Niece in PR. No lien, taxes paid. How do I do it?

The house is paid off. All taxes up to date to CRIM. Do I need to travel to PR to do the transfer?

Ramon  Olivencia
Ramon Olivencia
answered on Mar 3, 2022

A donation deed will need to be prepared by an attorney. You do not need to travel to PR as this can be done remotely via Powers of Attorneys for both you and your niece, in case she is not in PR. Basically, both parties or their respective representatives will need to sign the deed.

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2 Answers | Asked in Probate for Puerto Rico on
Q: My uncle passed away in Puerto Rico. He rented a house and likely did not have a will. What legal steps are required?
Ramon  Olivencia
Ramon Olivencia
answered on Dec 30, 2021

As you can see from the detailed answer provided by colleague Pagán-Colon, there are a number of legal steps to be taken in order to work on your uncle´s inheritance. In short, if your uncle was single, did not leave a will and did not have any children, then the heirs will be his parents, but if... Read more »

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do you assign a P.O.A. for a real estate closing sale in Puerto Rico from the mainland U.S.?
Ramon  Olivencia
Ramon Olivencia
answered on Nov 19, 2021

A Power of Attorney for a real estate closing in Puerto Rico must include the details from the property as they appear on the Property Registry of Puerto Rico, along with the property tax number. Therefore, you need to contact a PR-licensed attorney to make sure everything is done according to the... Read more »

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1 Answer | Asked in Criminal Law, Estate Planning and Elder Law for Puerto Rico on
Q: How can I know if my father's eldest daughter claimed an inheritance left for my father, by his last sibling, in PR?

My father's eldest brother, who was unmarried with no children, passed away in 2016, leaving behind property & bank accounts. My father buried his brother and he and I began the process of Declaration of Inheritance, with a Lawyer in PR, from New York, where we live. My father paid the... Read more »

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2021

I don't know what happened with your dad's attorney, but that kind of situation could be easily researched. First, by making sure that the attorney is still in office, that is, if he has not passed away or perhaps migrated, as happened with a number of colleagues particularly after... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: A widow want to sell her property. She lives in PA and the buyers in Puerto Rico. Can the new deed be done in PA
Ramon  Olivencia
Ramon Olivencia
answered on Jun 8, 2021

No, it can only be done in PR. However, she could give a Power of Attorney to someone in PR, but via a local attorney to make sure that the applicable laws are followed.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What does SUCN before a name stand for in Puerto Rico property records?
Ramon  Olivencia
Ramon Olivencia
answered on Feb 24, 2021

It is short for "Sucesión" or, in English, "Estate". It means that the proprietor passed away so the current owners are the heirs.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My parents both passed, the house in Puerto Rico was left three of us, but my younger brother went and change the name .

How could he had done that according to the paper in his name is on the house not my name or my other brother how could take him to court plus my parents were in a nursing home here in Bronx.

My sis in law is saying that if I go near her property she will call the police.

Ramon  Olivencia
Ramon Olivencia
answered on Nov 25, 2020

If your parents did not leave a will, which is the overwhelming number of cases, then that is legally impossible to have happened. In particular, if the inheritance transfer process was indeed completed, the Property Registry will actually require and verify the Declaration of Heirs and can only... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father has a property in Puerto Rico and died in January 2017. My father lived in New Jersey and left a will.

What steps do I need to take now to sell the house and what are the fees associated with this?

Ramon  Olivencia
Ramon Olivencia
answered on Oct 26, 2020

It´s difficult to offer an estimate without first looking at the details of your case, particularly the will and the details of the real estate. There are a number of steps to take by the attorney, which, in a nutshell, are: 1) validation of the will, 2) Inheritance Estate Form with the PR... Read more »

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My dad passed away 8 yrs ago in P.R. & didn’t have a will. His estate went to probate court. How do i get a copy
Ramon  Olivencia
Ramon Olivencia
answered on Oct 23, 2020

You can obtain a copy via the courts at the same town/city where he lived or had his main real estate property, if any.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I own property in Puerto Rico with my mom and she passed away 21 years ago. I have paid the taxes.

I have siblings, are they entitled to our mother’s portion?

Ramon  Olivencia
Ramon Olivencia
answered on Oct 5, 2020

Yes, your siblings are entitled to the mother´s portion. If you have paid the taxes, then you can arrange with them for a credit on your behalf. It is important that inheritances be transferred and finished promptly to avoid the possibility of extra taxes or problems related to the passing of time.

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: How do I collect my inheritance when it’s been deposited into court waiting to be collected? I live in the states

My grandmother estate was finally completed and told that Judge put my portion of the inheritance Into court system till I collect. I live in the states and it’s a pandemic so I can’t fly to P.R. to collect inheritance and I do not have money for a lawyer plus I don’t even know how I would... Read more »

Ramon  Olivencia
Ramon Olivencia
answered on Sep 1, 2020

You need to hire an attorney, particularly since you don’t know the intricacies of our court system and you are from out of state. Besides, if you will be getting some moneys then it will be wise to

use a portion of it to pay for legal services. After all, it’s not that straightforward...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Inheritance rules in Puerto Rico

In Puerto Rico my grandmother passed and her 4 children inherited her home. The paperwork and the home were completed and now they are the sole owners. One of the 4 died, now there are 3. The one that passed had a daughter but she passed away as well, but she has a son that is alive.

Does... Read more »

Ramon  Olivencia
Ramon Olivencia
answered on Aug 23, 2020

Yes, the grandson becomes the 4th owner but that is not automatic since the inheritance transfer would first need to be done for the co-owner that died and also for the daughter as well; two separate probate cases.

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Hello, my mother in law lost all documents to a property she has in Guayama P.R, How can we go about getting them ?
Ramon  Olivencia
Ramon Olivencia
answered on Jul 31, 2020

You can search online for a legal document retrieval service.

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1 Answer | Asked in Probate for Puerto Rico on
Q: How do i find out if my mother had a Will in Puerto Rico

My m9ther passed away in march and im in fl and can not travel (due to Covid)or get a hold of her attorney down there to see if she had a Will. She was with me in Fl when she got sick and passed. I cant get anyone to speak with us until i find this out.

Ramon  Olivencia
Ramon Olivencia
answered on Jun 1, 2020

An attorney can place a search at the Registry of Wills of Puerto Rico to find out if your mother left a will on the island. It is highly recommended that it is done via an attorney since he/she will know how to go about through that process while making sure to include all the necessary requisites... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: can i find out if my dad owned anything when he passed away?

My father lived in Puerto Rico along with my 3 siblings. I live in New York. He recently passed away and I went to Puerto Rico to see if he had a will I received a notice from the court that there was no will. I know the next step would be to go to court and establish that I am an heir however I... Read more »

Ramon  Olivencia
Ramon Olivencia
answered on Jun 1, 2020

You can hire an attorney to do a real estate property search, via a title search study. As well, that same attorney could search within the local banks for any accounts left by your dad. In any case, you would have to do a Declaration of Heirs, via an attorney as well, so that the courts can... Read more »

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