Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nelson Jose Francisco Alvarez-Aponte
2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico on
Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 26, 2020

Hello and thank you for using Justia. There is an old staying, " No news is good news". This applies to your case. If he has not claimed afiliation, is not on the birth certificate nor never married to you he has no legal parental rights thus you have the full custody and "parens... Read more »

View More Answers

1 Answer | Asked in Business Formation and Business Law for Puerto Rico on
Q: I recently moved to Puerto Rico from Florida and my employer offered for me to work remotely as 1099 employee

Since I would be 1099 how do I set up an LLC and who or what agency do I use? I know in Florida you can do it online. I’m assuming I would also be able to write off things such as internet, cell phone and any office supplies as part of the LLC

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 18, 2020

Hello and thank you for using Justia. You mention that you recently moved to Puerto Rico. One of the requirements for incorporating is the need for a Resident Agent of the corporation and an Incorporator, thus it must be a legal resident of Puerto Rico. (Living in Puerto Rico for more than 6... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Does quit claim deed exist in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. No they do not. Our legal system is based on civil law not common law.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Consumer Law and International Law for Puerto Rico on
Q: Hi, if I refuse my inheritance in PRand give it to my sister, am I totally free of any debts, liens or any financial i
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. Under the New Civil code that takes effect this Noviember, Inheritors do not respond for the debts of the Estate beyond the value of thier share in the Estate.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Child Custody for Puerto Rico on
Q: If both parents have 50% custody and one of the children wants to live with the father, what age can child say so
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 28, 2020

Hello and thank you for using Justia. There is no specified age in law. The general standard is that at age 10 the Child has an opinión but the Court is not obligated. The key factor is the best resource for the child regardless of the age.

If you need additional information please feel...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mom rented the house to my cousin and he hasn’t pay her rent for 4 month with this one. Is it possible she can evict

Him. She want to make sure she can before she contact him.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 27, 2020

Hello and thank you for using Justia. Yes she can file for eviction.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Contracts for Puerto Rico on
Q: Is a contract legally binding if I signed it as an 18 year old in puerto rico?

I'm an American and staying in Puerto Rico right now. I'm 18 and I signed a contract here while in puerto rico. Is it legally binding? I was born in America and I do not have a Puerto Rican citenzship.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 21, 2020

Hello and thank you for using Justia. We are all American citizens since anyone born in Puerto Rico is an American citizen.

In Puerto Rico, a person is considered as being under the age of adulthood until the age of twenty-one. Under age twenty-one you are a minor and thus donot have the...
Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: My daughter will be 19 and lives in PR. I'm non-custodial parent. She wants to live with me in FL. Is she an adult now?

Do I need to file a court authorization request?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 1, 2020

Hello and thank you for using Justia. In Puerto Rico she is still an underaged minor for many legal situations, custody being one of them. The best scenario is for all three to talj it over and then decide. The daughter can petitión the Court for emancipation or intervention on certain family... Read more »

1 Answer | Asked in Adoption for Puerto Rico on
Q: How do you obtain a birth certificate after being adopted in Puerto Rico?

Born in New York. At age 7 adopted in Puerto Rico. How to obtain Puerto Rican birth certificate with adoptive parent info?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 1, 2020

Hello and thank you for using Justia. Since you we're bien in New York City you do not qualify for a birth certificate in Puerto Rico. You will need to get a name change in New York State Courts using the adoption decrece issued un Puerto Rico.

If you need additional information please...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: A friend needs to transfer a home to my name that's free and clear because I gave her the money to purchase. What to do

The home isn't purchased yet. Sellers will only sell to her not me. I'm going to give her the money for a cash deal. How could I get a contract with her to protect myself and how do I transfer in my name after the purchase and what's involved

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 1, 2020

Hello and thank you for using Justia. The best and safest way to complete your goal is by making a Power of Attorney in her favor to represent you in the purchase.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I'm 16 and live in Puerto Rico can I leave without consent?

I'm currently living under to much stress and pressure. With parents that don't try to understand how I feel or change. They can be very toxic and it affects me mentally. Can I leave without consent and stay with friends?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 27, 2020

Hello and thank you for using Justia. Un Puerto Rico the law states that a person is an under aged minor until the age of twenty-one. Thus being an under aged minor, they are under the custody of an adult. Thus you cannot leave without authorization from your parents or your custodial adult.... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: Is it legal if I open an account in Vanguard or Fidelity, in USA, and name my son as the only beneficiary? I am married.

In Puerto Rico, the law entitles the spouse to receive as much as the children, the same amount, of an inheritance. Does the money in a bank or invested in the USA count for the inheritance or only the money in Banks in Puerto Rico? I don’t want to do anything illegal. Thank you for your response.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 27, 2020

Hello and thank you for using Justia. The best way to avoid doing anything illegal is to create a Testament and specify what each inheritor shall get.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Banking, Estate Planning and Probate for Puerto Rico on
Q: I am a legal resident in P Rico. If I die, will the bank in US block my account there or my son can take some $$ asap?

When a puertorican or legal resident in Puerto Rico dies in Puerto Rico, are all US territories, banks in the US, notified or only Puerto Rico and banks in Puerto Rico?

If only banks in Puerto Rico are notified, does that mean my son can use my debit card from an account in a US bank and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 25, 2020

Hello and thank you for using Justia. The death of the holder is usually informed to the banks by third parties. There is no system of notificatión in Puerto Rico. Your son will be able to use your card as long as the Bank has not found out of the death. Your best bet is to make a Testament and... Read more »

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: How long do I have from the time of default to file suit against someone who has defaulted on a written contract?

It is currently at $6,000.00 and they have not made a payment in nearly 7 months.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 25, 2020

Hello and thank you for using Justia. This depends on the subject of the contact and it's contents. If it is a personal debts such as rental agreements, loans, etc. has a time bar of 15 years. To find other Statutes of limitaciones please refer to the following link,... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments

My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments how do we go about transferring my name as the owner? Are there fees etc?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. The first thing that needs to be done is to qualify you for the transfer of the mortgage account. If the holder of the note accepts the transfer and/or the substitution of the debtor then a new Deed will need to be executed in your name and then submitted to... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do I find out how much a house was sold for 3 years ago? We believe my cousin may have ripped my father off

He is 84 years old and he only received $10,000 from the sale. We believe it was sold for way more money and she kept the difference.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. You can verify with the Notary Public whom signed the sales agreement. You can also verify with the Property Registry Department and/or CRIM(Property Taxes).

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can my spouse sell our mutually owned property acquired during marriage without my consent?

My wife listed our property for sale without my consent. I only recently found out. It’s been on the market for a year now again without my knowledge. Can a realtor list the property without my consent? Will my spouse be able to sell the home without my consent? We both reside in NJ. Please... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. Under local laws, both spouses are equal owners and admistrators of the property. As an administrator of the marital society, all acta have to be in benefit of the society. Thus she can hire a Realtor and list the property for sale, however no transfer of said... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hi, My Brother passed away a year ago. He owned a house in Aguadilla, PR that was paid in full.

Before my brother passed away a year ago he made a will had it witnessed and notarized in his county of residence in FL. In the will he left equal parts of the house enherited to his mother, his niece and his only daughter. His life insurance and bank accounts were left 100% to his mother. How can... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. Under Puerto Rico Inheritance Laws, one-third of all belongings are reserved for the children. Thus the Testament (Will) made in Florida would not be a legal document in Puerto Rico since it violates the Inheritance Laws of Puerto Rico. Thus under local Law,... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will.

Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will and now she wants to sell. She was the beneficiary on his 401k. Does she have full ownership of the home now and if not what steps must she go through to sell the home. He does have a some... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You first have to define joint ownership. If the property is registered in the Property Registry Department un both names then we have a legal Community Property Society.

Once this is established, an Estate must be created for Probate. You have stated...
Read more »

1 Answer | Asked in Business Formation for Puerto Rico on
Q: Is it recommended to sell a home fsbo if it has inherente?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You should not sell any property until it's titleship has been cleared. The title must be in all the names of the Inheritors. You will first need a Declarations of Inheritors process before you can legally sell.

If you need additional information...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.