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Questions Answered by Ramon Olivencia
2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom owns a home in puerto rico damaged by Hurricane Maria. She wants to transfer deed to me. How and where do I start

I was recently at the house to clean. Lots of damage from the water throughout the inside of the house. She wants to put the house in my name...she still has a small balance on thd house to the bank

Ramon  Olivencia
Ramon Olivencia
answered on Jan 15, 2024

If your mother wants to transfer her house to you, she must sign a "donation" deed via an attorney, which both parties must sign. If one or the two of you cannot be present for the signing, then a Power of Attorney could be prepared. As part of the requirements for a donation, the... View More

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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Do I need an attorney to file a Declaration of Heirs in Puerto Rico?
Ramon  Olivencia
Ramon Olivencia
answered on Dec 10, 2023

Due to the particularities and legal requirements needed for a Declaration of Heirs in Puerto Rico, an attorney is highly recommended. That way, you can rest assured that the petition is filed correctly before the courts. Any errors could negatively affect the rest of the documents that are... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Law in Puerto Rico. Where can I get a copy of my deed . I cannot locate my original? My property is in Boqueron, Puerto

The lawyerI used who was also a notary was disbarred in 2014.

Ramon  Olivencia
Ramon Olivencia
answered on Jul 19, 2023

Getting a copy of your deed from a deceased attorney in Puerto Rico is complicated. First, you must contact the district or region on the island where the attorney used to practice, called the Notarial Archive ("Archivo Notarial"). Then, after several days of searching for the deed, they... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: Can I submit these documents on the portal of the CRIM to request a change of ownership? & request these permits OPGe?

I did the claim de Herrederos after my father passed and I think a ‘Plano de certification y mensura’ may have been done on the property when it was surveyed by an engineer and whole description was filed with the paperwork. Unless it is a separate or different process? don’t know if that... View More

Ramon  Olivencia
Ramon Olivencia
answered on Mar 24, 2023

Your description contains confusing information about the multiple steps required for an inheritance to be correctly transferred to the heirs. Given the specialized nature of estate law in Puerto Rico, hiring an attorney to do this for you is highly recommended. If everything is correct, a licensed... View More

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How can I relinquish my portion of ownership to one of my siblings who also owns the property in Puerto Rico.

A year ago my deceased parents' property in Puerto Rico was transferred in a Resolucion document to myself and my 5 siblings. I want to relinquish my ownership to one of my siblings or if not possible to have the remaining 5 siblings take equal portions of my ownership. I do not want to be an... View More

Ramon  Olivencia
Ramon Olivencia
answered on Dec 3, 2022

That "resolution" you mention must be examined to ensure precisely what it entails. In general, however, the process to relinquish or renounce an inheritance will depend on the year of the passing, given that there is a new recent Civil Code in effect. For instance, if the passing was... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How much should heredity proceedings cost in the absence of a valid will in Puerto Rico?
Ramon  Olivencia
Ramon Olivencia
answered on Jun 1, 2023

The cost of each case can vary based on a number of factors such as the number of assets, quantity of heirs, date of passing, and status of real estate properties. To ensure clarity and ease for the client, I take care of all the necessary leg work in Puerto Rico. This is particularly beneficial... View More

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2 Answers | Asked in Probate for Puerto Rico on
Q: I live in Tennessee as did my father when he passed away in 2020. He owned a residence in Puerto Rico and a will distrib

Assets. Do I have to go to Puerto Rico to receive my money?

Ramon  Olivencia
Ramon Olivencia
answered on Nov 17, 2022

No, you don´t have to come to PR to receive your money. Instead, you need to hire a Puerto Rico probate or inheritance attorney to do all the paperwork for you.

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do I obtain exemplified copies of documents from Puerto Rico?

I am trying to secure title insurance on a Florida parcel of land I purchased in 2008 from the heirs of a deceased resident of Puerto Rico. He deceased in 2000. I have the declaration of heirs and each of the heirs signed my deed. The title insurance company is requesting either a Florida mini... View More

Ramon  Olivencia
Ramon Olivencia
answered on Oct 12, 2022

Indeed, if you are not familiar with doing government transactions in PR, it could be very difficult, if not impossible, particularly if you are outside of the island. We have inherited a complex system from our Spanish ancestors, which, combined with our current colonial reality, all contribute to... View More

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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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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