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Questions Answered by Jose M. Rivera Santos, Esq.
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Whats will be the cost to transfer my mom house under her children name?, she in a agreement to do so.House in Aguadilla

My mother wants to transfer her home property into her 4 children, whats a reasonable attorney fee to do this?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jul 21, 2021

Greetings:

No attorney can answer these question as it is. The charges may vary depending on the services and task to be done based on the specifics of the property, liens or levies, the land where it sits, the children and other specifics with the current status of the property related to...
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1 Answer | Asked in Elder Law, Health Care Law and Family Law for Puerto Rico on
Q: Hi my name is Peter. I moved to Puerto Rico from Chicago to care for my mother who had cancer and was living by herself.

My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jul 21, 2021

Greetings:

Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I have a court order video call visitation for my daughter(5yo) How can I modify it to physical visitations in Utuado
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jul 21, 2021

Greetings:

You will have to file a modification of visitation rights and regime.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I know there is no alimony in PR but does it change if the wife has never worked and has been dependent on the husband?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Apr 16, 2021

Greetings

Although is not normal and there's no alimony in Puerto Rico, there are some extraordinary circumstances when one of the parties can request spousal support, this is temporary and there are several requirements to be able to request them. Remember that spousal support is not...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My younger sister was removed from my mothers home. I Only have 1 bedroom in my sm apt. I am employed will they give her

Does she need to have her own room? I have a pull out bed for her in my room.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Apr 13, 2021

Greetings

As her legal guardian the state can try to make sure that the minor has her own space and that she-he is provided with everything required for her/his well being taking in consideration the economic means and capability of the legal guardian to be able to take care of the minor.

1 Answer | Asked in Divorce for Puerto Rico on
Q: Hello. My husband has filed for divorce. We have been married for over 10 years but I moved to P.R 3 years ago. Can I

hire a lawyer in P.r to represent me and am I entitled to alimony?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Mar 22, 2021

Greetings

You can request temporary spousal support and some specific situations, even though is not the norm in the Puerto Rico jurisdiction to grant alimony, you can ask for ex conjugal support until you have the means to support or fend for yourself. Note that this can be possible only...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: How is a divorce decree obtained if someone was not present during divorce court?

Ex spouse is not willing to provide a copy or information.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Mar 12, 2021

Greetings

It's as easy as finding out in what court the divorce hearing took place and request a copy of the divorce decree.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I ordered a new Puerto Rico birth certificate about 3 months. Is there a way to for someone to go pick one up personally

I have ordered directly and through their recommended site. It’s been over 90 days

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 23, 2021

Greetings

The registry is working strictly on appointments and orders. Due to a large demand the request of birth certificates has piled up overwhelmingly during the pandemic situation we currently have.

I understand that you might have and urgent matter to attend, and while there...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: My grandmother was guardian of my mentally ill adult cousin. My grandmother has since passed away. What happens now?

Since my grandmother died, his accounts have been frozen and his disability checks have stopped coming. He cannot take care of himself and since he has no money his health care coverage has lapsed. Now he cannot get the mental health medication that he needs. My parents, both in their 70's are... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 18, 2021

Greetings

First, You will have to write a letter with the case number to the agency (veterans or Social security) to make initial contact about the situation. To have that feedback, they will give you more clear options. The remedy will depend on the government agency. You may also have to...
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1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: Can I relinquish provisional custody of my cousin?

I got provisional custody of my cousin that is 18 years old as of now. His father is dead and her mother is in the USA , he has a sister but its also in the USA.Also his mother was in a legal battle with his father for years ( she left the kid with his father when he was around 4 years old or 6... Read more »

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 12, 2021

Greetings:

You may have to address these issues directly to the court. Right now you have physical custody. Since it was temporary. You can request for other guardians to take custody and responsibility.

1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Puerto Rico on
Q: Can a grandchild claim real estate inheritance if the property has not been claimed by my mother or her siblings?

My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

Yes, a grandchild can claim for his her rightful inheritance.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Hello! Is it possible for me ( daughter ) to refuse any past due child support from my parent now that I'm almost 30?

My Dad has a past due amount that he owns to us, we are older, we don't want that money and we would like to know if we can file a letter or something refusing all the right to any past due amount ... Thank You!

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

Yes you can. You can contact the agency that has jurisdiction over the case and write a letter and they will follow up on it.

1 Answer | Asked in Child Support for Puerto Rico on
Q: i just found out that i have a sibling after my father passed do we owe him child support in Puerto Rico?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Feb 6, 2021

Greetings

The truth is that you do not have to answer for the child support obligations that your late father had.

As a sibling, if he or she can file for siblig or parental support if he or she has one of the requirements that allow this to happen.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 31 yrs old and I still owe him back child support, do I still need to pay the back child support?

My son stopped going to school when he was 13 yrs old. When He was 16-19 yrs of age, he was living with me, but child support continued going.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Jan 26, 2021

Greetings:

You can notify the court or the agency that has jurisdiction over the child support case so they can ankowlege that you were providing and caring for your son with the proper evidence. Your son has to come forward and certify that this indeed happened. You may have to request an...
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1 Answer | Asked in Criminal Law for Puerto Rico on
Q: I summit a Interstate compact transfer on parole, Its a requirement to be marriage with the couple iam moving with.
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Dec 17, 2020

Greetings:

It is not a requirement that you're married to your third custodial party. The custodian will have to comply with the agencya requirements and give his/her information.

1 Answer | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: Como puedo salir de PR para irnos para los EU y este casada legalmente con el padre de mis hijos y el no quiere ?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Dec 3, 2020

Saludos:

Se hace mediante una petición ante el tribunal mediante de un abogado y existen otros asuntos relacionados a atender.

Si tiene alguna otra duda, no dude en contactarnos directamente. Estamos para servirle.

1 Answer | Asked in Divorce and Real Estate Law for Puerto Rico on
Q: Hello, I purchased a property prior to getting married, in San Juan. Does my husband need to sign if I want to sell it?

I want to sell but he doesn’t and we are going through a divorce. I live in New York. Does he have any claim towards the property? It is a condominium. Thank you.

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 26, 2020

Greetings

If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...
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1 Answer | Asked in Mergers & Acquisitions and Estate Planning for Puerto Rico on
Q: My father passed away last year and i cant travel to PR due to being positive for covid. How can I assure it goes to me.

He passed away last year and I cant travel due to being positive for covid. Is it true I was only suppose to have a year to claim the property?

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 26, 2020

Greetings

You will have to evalaute whether if there's a need to bring to the court any other interested parties and hire legal representation. Now with this pandemic, there are ways to have a videoconference if the court is convinced that there's no need for you to be in person...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: is a guardianship valid if the paper was notarized before i signed?
Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 14, 2020

Greetings:

You and the parties involved have to be present in front of the notary when the document gets notarized. The parties involved have to sign on one joined act.

If you have any other questions, feel free to contact us directly and we will be glad to be at your service.

1 Answer | Asked in Family Law for Puerto Rico on
Q: i gave temporary guardianship to my cousin but i didn't go to a court or a lawyer i just signedknow i want him back

she doesn't want to give him to me she says i have no right but i am his mom and it was an agreement that he would come back with me

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq. answered on Nov 12, 2020

Greetings:

You have the right to and will have to file through legal representation in a court of law of law so you have your child back with you and for the court to evaluate if the agreement of temporary custody has been met and and that you are in the best position and ability to...
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