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Questions Answered by Nelson Jose Francisco Alvarez-Aponte
1 Answer | Asked in Family Law for Puerto Rico on
Q: What's needed to request a parents medical records and permission to be notified in PR if spouse is Health Care Proxy.

My wifes father is in Hospice (because doctors decided to stop treatment) in the VA in San Juan, PR. He lives there and we live in New York but currently down in PR. His wife, not our parent is the health care proxy and is trying to shut out his 3 daughters. She even filed a complaint at the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 13, 2019

Hello and thank you for using JUSTIA. In order for anyone to get the récords of a veteran, you need written authorization from said veteran. The document needed is found at the following link;

https://www.va.gov/vaforms/medical/pdf/vha-10-5345a-fill.pdf

This Will allow you to...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 6, 2019

Hello and thank you for using JUSTIA. The applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal... Read more »

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2 Answers | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: My dad has property in Puerto Rico. He is now in a nursing home in NJ. Will we lose the property? What can I do to claim

I would like to know if notorized letter is signed in NJ will it help with changing name on property in PR. Not sure, what I need to do as my father is now in a nursing home. He never fixed the right papers to leave me the property. I don't know if the property will be lost?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 6, 2019

Hello and thank you for using JUSTIA. A notarized letter is not capable of transfering real property in Puerto Rico. No you Will not lose the property due to him being in a nursing home in New Jersey.

The property is not capable of being gifted since it will affect the inheritance of his...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What are the steps to take to purchase a house inherited by my aunts and uncles? How much for a praise, a lawyer & fees

The house is destroyed the owners were my grandparents I grew up in the house. My uncles and aunt are the inheritance of the house, family members would like to give me their part as gift others want money. What can I do to get the paperwork going and take ownership of this destroyed house. Who do... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 3, 2019

Hello and thank you for using JUSTIA. The legal process requires that first the property must go into the names of the inheritors. For this you will need to do a Declaration of Inheritors for your Grandfather and another one for your Grándmother. This created two Estates and the registraron of the... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: As a 16 year old can I refuse to go to my dad’s house?

My parents have joint custody, I’m on week with my mom I’m Humacao, and another with my dad in Caguas. I’ve been trying to convince my mother to ask for full custody for over two years now but she always puts it off. At this point in desperate, can I just decide not to go to my dads house? My... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 2, 2019

Hello and thank you for using JUSTIA. No you cannot decide but your opinión does count. The Court will take your opinión into consideration but only if your Mother requests full custody.

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1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Puerto Rico inheritance question--succession of heirs and distribution of real property.

My sister has dementia and will pass shortly; in total, we are 5 siblings. She does not have a will/testament, nor does she have a surviving spouse or children. There is however, an estranged grandchild that lives somewhere on the island. Is the grandchild first in line for distribution of her... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 30, 2019

Hello and thank you for using JUSTIA. No the Court will not do anything. If the grandchild never claims his inheritance then it is Lost. The siblings become inheritors only when your sister has no remaining inheritors (greatgrandchildren.) If no inheritor claims then the Government of Puerto Rico... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: I live in florida and my daughter lives in puerto rico i had another baby that i am providing for can i lower my payme
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 28, 2019

Hello and thank you for using JUSTIA. This all depends on what your available income is after the other child support payments have been issued. You will need to show that you are required to pay child support in another jurisdiction.

If you need additional information feel free to contact...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: Does my husband need to continue child support ? Puerto Rico

My husbands son is 23 . All of his friends graduated with a bachelors degree a year ago. His son is taking over 5 yrs for college because he has only been a part time student(he started college at 18yrs old) . He should be a full time student since he does not and has not ever had a job or any... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 26, 2019

Hello and thank you for using JUSTIA. The case law on the matter of continúed child support after the age of majority (21) when said child is continuing his studies is found in Key Nieves vs Oyola Nieves 116 DPR 261. In said case the ruling contains the requisits needed to continue said child... Read more »

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: If an 18 year old born in PR and moved to FL wants to move with Dad to PR, which still minor in PR, can he do it?

Dad agreed signed for her son to move with Mom to FL, but he turned 18 and wants to move back to PR. He is a young adult with Asperger (fully functional). Would it be better for the lawyer to be hired in FL or PR to fight the custody? Will he still considered a minor in PR until the age of 21 and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 25, 2019

Hello and thank you for using JUSTIA. The jurisdiction over the custody matter belongs to Puerto Rico since the original custody case was filed in Puerto Rico when the Father authorized the Mother to have custody as per the Uniform Interstate Family Support Act (UIFSA). This would render your son a... Read more »

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2 Answers | Asked in Child Custody for Puerto Rico on
Q: My child has lived with me since she was 5 ms old & her father has been of unknown whereabouts since then do I still-

Do I still need custody papers even though he's been missing all this time, we were not married and his family claims to not know where he is?

Last address I'm aware of was in a prison in Pennsylvania and that's it. He hasn't paid child support in years and I can't locate his mother and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 25, 2019

Hello and thank you for using JUSTIA. You will need to file a Petition for Custody and Patria Potestad in the Court of your residence. For this you will need to hire an Attorney and will need a certified copy of the childs birth certificate. If you need additional information, please feel free to... Read more »

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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Who gets the money to provide for 18 and 19 year old?

My ex from PR send child support money for my kids to my mother, who has legal custody. My son lives in New Jersey is expected to live with me and my daughter lives with me

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 20, 2019

Hello and thank you for using JUSTIA. The child support payments are for the children thus said payments should be sent to the person whom has the physical custody of the children in other words where the children actually live. For this to happen, you will need to file a petition in the Court to... Read more »

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: People are living in our property in P.R. without permission.

It's been a little bit more than three years that we haven't gone back to Puerto Rico we live in the state of Florida basically all of our childhood we tried to go to PR every year but unfortunately we were not able to go after 3 years when we went back for vacation we noticed that there were... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 20, 2019

Hello and thank you for using JUSTIA. The legal process needed is known as " Desahucio". It is a Court procedure by which the registered property title holder request from the Court the eviction of squaters from the property.

You Will need to file a petition in the Court for eviction of...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I get information on a land or house in Puerto Rico left to me.

My Grandmother had a house and land in Puerto Rico. She left the papers to my mother, who she had adopted as an infant, My grandmother passed, My mother just passed and left the papers to me. Someone's living there since childhood who is not blood or legal family but family none the less however he... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 11, 2019

Hello and thank you for using JUSTIA. In order for you to do anything you need to be declared an inheritor of your Grandmother. You should start by verifying the adoption of your Mother to make sure it was done legally thus confirming that indeed you are an inheritor. This can be done by verifying... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: Does child support end if the child becomes pregnant herself? Shes not a child shes already 20
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 7, 2019

Hello and thank you for using JUSTIA. The child support Will continue until she turnos age 21 and you request from the Court or ASUME the elimination of the child support order.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Must a property, farm or land be electricity and water ready before sale by law?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 29, 2019

Hello and thank you for using JUSTIA. There is nothing in the law that requires a plot of land to be ready for said services. However, there are various laws that need to be complied with prior to the sale of a plot of land such as The Planificatión Board, ARPE, CRIM, Plot Plans, title,... Read more »

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support - Child got in trouble with the law (drugs related) Child was thrown in jail from age 17. This voids CS?

Child was selling drugs, etc. He was caught and prosecuted for different offenses. If in jail, how does this work with child support?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 29, 2019

Hello and thank you for using JUSTIA. The child is still a minor and has a legal right to receive child support Even if he is in jail. The differences now is that said child support payments will be maid to the party whom has his custody thus the Juveniles Corrections Department in the child's name... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: Great-uncle wants to gift me his house in PR, can he gift now or do a testament naming me sole heir?

Great-uncle has property but no other assets. He’s single and no children. He was one of 11 children (6 full siblings and 5 half siblings). My great-uncle does not want any of his siblings nor their children to inherit his house or anything. I am his “tutor” aka guardian and the only one that... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 29, 2019

Hello and thank you for using JUSTIA. The inheritance laws of Puerto Rico are very strict. Your Great Uncle must create a Last Will and Testament in order to acheive his intent for you to be his sole heir. In said Will he needs to disinherit his siblings and his nephews/nieces of those siblings... Read more »

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2 Answers | Asked in Child Support and Education Law for Puerto Rico on
Q: What would be considered as education after high school so my father will still be obligated to pay alimony?

-Currently going to University of Puerto Rico but don't want to go

- I am forced to do so because if I'm not "studying" I won't be eligible to the alimony I receive currently

-What constitutes as " education" aside from going to college

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 24, 2019

Hello and thank you for using JUSTIA. In Puerto Rico there is no alimony, Just child support until the age of 21. Once the child tienes 21 the child support order will be eliminated if the non-custodial parent request elimination. After the age of 21until the age of 25, a child can request from... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father resides in his house in PR. What are the steps to get the deed under one his children's names?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 19, 2019

Hello and thank you for using JUSTIA. First you need to evaluate if said property is his only asset. Your Father cannot liquidate his only asset since it will affect the inheritance of his other children. He needs to garantee atleast one-third of the total value of his assets for the inheritors .... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandmother would like to transfer over her property over to me. How can we do this and also she has 4 children
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 19, 2019

Hello and thank you for using JUSTIA. First we need to evaluate if she has other assets that will garantee her children's inheritance in a value of one-third of her total assets including the property to be transfered to you. If she does then she can donante the property to you. If she does not... Read more »

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