Questions Answered by Ramon Olivencia, Esq.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Feb 27, 2019
Ramon Olivencia, Esq.'s answer
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.

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
Ramon Olivencia, Esq.'s answer
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.

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

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Sep 4, 2018
Ramon Olivencia, Esq.'s answer
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.

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?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Aug 25, 2018
Ramon Olivencia, Esq.'s answer
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 her age, life expectancy and number of children.

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

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Jul 31, 2018
Ramon Olivencia, Esq.'s answer
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.

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

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on May 10, 2018
Ramon Olivencia, Esq.'s answer
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.

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

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on May 10, 2018
Ramon Olivencia, Esq.'s answer
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 make sure that there were no taxes owed by the deceased. Finally, a property transfer has to be performed at the Property Registry. Due to the complexities of all these processes, it is highly...

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

1 Answer | Asked in Probate for Puerto Rico on
Answered on Apr 14, 2018
Ramon Olivencia, Esq.'s answer
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 tasks to be done, that this was the right thing to do.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jan 7, 2018
Ramon Olivencia, Esq.'s answer
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 of what we call it here the "Protocol", which is basically the attorneys' official collection of deeds. It's very important that the POA drafted be written in a way that the financial institution in...

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

1 Answer | Asked in Family Law, Real Estate Law and Probate for Puerto Rico on
Answered on Aug 3, 2017
Ramon Olivencia, Esq.'s answer
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.

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?

1 Answer | Asked in Estate Planning for Puerto Rico on
Answered on Jul 3, 2017
Ramon Olivencia, Esq.'s answer
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.

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

1 Answer | Asked in Probate for Puerto Rico on
Answered on Jun 26, 2017
Ramon Olivencia, Esq.'s answer
The attorney will automatically file or register it within 24 hours of the signature.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on May 14, 2017
Ramon Olivencia, Esq.'s answer
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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