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Questions Answered by Nelson Jose Francisco Alvarez-Aponte
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: When selling property, Who pays lawyers fees, stamps, etc?. Approximately what are lawyer's fees?. Thank you
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 8, 2020

Hello and thank you for using Justia. The Buyer pays costs of original documents and the Seller

pays for the certified copies of the documents.

Please verify the following web page for costs, charges and fees that are invoiced httpp://www.fianzanotarialpr.org/calnota/

If...
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1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Puerto Rico on
Q: If a sibling passes prior to parent, are their children entitled to Puerto Rico land inheritance(1/3 law) under PR law?

My mother/aunt-in-law wish to sign over their mothers property in PR to my wife. I have several questions:

1) Their brother died prior to her grandmother, but he had children. Do they have a claim to the property? 2) I am unsure if anyone took care of the inheritance tax, as seen on... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 3, 2020

Hello and thank you for using Justia. First off, I thank you for your services to the Armed Forces.

1) The Grand Mother is the "Causante" thus an Estate has to be created in her name. The members of the Estate are your Mother in Law, Aunt in Law and your deceased Uncle in Law. The...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Can a marriage be annulled after 2 years?

My mom got married at 72 and now is in a verbally abusive relationship. She is the income provider of the household and he wants access to her money. She no longer wants to be both him but she is afraid of the repercussions. She is a resident of Puerto Rico but the marriage took place in Maryland.... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 29, 2020

Hello and thank you for using Justia. The annulment of a marriage can only be done in the jurisdicción where the marriage Rook place in other words you will need to verify under Maryland laws.

In Puerto Rico she can can get divorced under our laws. If you need additional information please...
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2 Answers | Asked in Family Law for Puerto Rico on
Q: Leaving Puerto Rico.

If I have a child in Georgia and then move to Puerto Rico to live with the father , am I able to move back to Georgia without any consent from father.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 14, 2020

Hello and thank you for using Justia. You would have to get Court Authorization if the Father does not consent. You need to show that the child's needs will be taken caré off in Georgia.

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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: My daughter is going to college. Do I have to pay until she finishes college?

Does she have to show proof that she is going to college?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2020

Hello and thank you for using Justia. Yes on both questions. She does have to show evidence of college and good grades. Must graduate before age 25.

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

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1 Answer | Asked in Child Support for Puerto Rico on
Q: How long do I have to pay child support? My ex says that I have to pay until my daughter can take care of herself.

So if she never shows she can take care of herself I will be paying for the rest of my life?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2020

Hello and thank you for using Justia. The law States that it is until the age of 21. There are exceptions to this rule such as if Child continúes académic studies at age 21 upto age 25, Child becomes married or emancipated legally before age 21 or health issues that render her incapable.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: Mom passed in 2005, she owned lots of land and buildings. No Inheritance Tax Return was ever filed.

Is there a tax with interest and penalty due. Value of Estate is around $4m. There has been 3 bad lawyers involved and internal as well as external fighting that has now lasted 17yrs from DOD. I am very concerned about potential liabilities. All born in PR, 3 live in USA and 1 still lives in P.R..

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 8, 2020

Hello and thank you for using Justia. Very sorry to read that you have had horrible expirience with the prior three Attornys.

An Inheritance Tax Return must be filed as soon as possible. There will be a Tax liability on the value of the Estate plus penalties and ingrest fees. In addition...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: In PR, the child was in jail for drugs/sales, etc. at age 17. Will this remove the child support order?

The young man spent a couple of years in jail. What happens in this case? Remove the CS?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 7, 2020

Hello and thank you for using Justia. No it would not eliminate the Child Support Order.

You would need to petitión the Court informing them of the current situatión of incarceration of the minor and request adjustments to the Child Support Order as seen fit.

If you need...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: What lawyer will take my case being that its ASUME in Puerto Rico? I might have to go the island and try?

Asume in Puerto Rico is very difficult to make contact with.. Things such as kids mom getting married son dropping out daughter is now pregnant and graduating high school has never been reported by custodial parent. I have the documents to most of the things but still have not recieved a word... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 2, 2020

Hello and thank you for using Justia. You are dealing with an agency that is almost impossible to contact from a remote location. This is a must visit agency. Even then it is a daunting task even for Attorneys. This is a very téchnical agency with a vast collection of regulations and laws all of... Read more »

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2 Answers | Asked in Child Support for Puerto Rico on
Q: Can by balance of 35k be reduced or 0 out in Puerto Rico?

My son had dropped out of high school at 16 then decided to go to job corps. Graduated at 17 was working for some people on the island then move to FL. Just turning 18yo. Lived with me and i found him employment were i am currently. He was with me for about a year before he moved out and back with... Read more »

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

Hello and thank you for using Justia. You can and must get the Child support order reviewed and ceased. You also need to request credit for payments made directly to the Child while he was in your physical custody (residing) and / or under your care. This is amatter that you problably would want to... Read more »

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been... Read more »

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

Hello and thank you for using Justia. You will need the Father's consent to travel with the child to New York. If the Father does not give consent then you will need to request Court Authority for travel and transfer of the Child to New York.

Your case presents a special complication....
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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Puerto Rico on
Q: Whats the scoop on transferring auto loans in Puerto Rico, Affidavit vs no affadavit, How does it work on both sides?

I'd like to get a vehicle on the island and I understand the traditional methods of leasing and financing but i'm not familiar with the loan transfer process and can't find any relevant info via the web so far. I need a used vehicle but due to current circumstances, i'm unsure... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 13, 2020

Hello and thank you for using Justia. You will not find any laws since it is ilegal to transfer an account without the lender's authorization. There are many instances that have occured where the vehicle is sold to a third party but the title and loan continue in the name that appears on the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Puerto Rico on
Q: With being far a way from my grandmother am I able to call the police to have people removed from her home

They are causing a lot of problems and neighbors are saying abuse is even happening in the house . Abuse to the elderly

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 13, 2020

Hello and thank you for using Justia.

You have been notified by a third party that your Grandmother is being subjected to Elderly Abuse. You must immediately call the Puerto Rico Abuse Hotline at (787) 725-9788 or (787) 721-8225 and report the abuse. In addition you can contact the...
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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Mother of my two daughters left to Las Vegas without my permission. How do I enforce bringing them back to PR?

t

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 4, 2020

Hello and thank you for using Justia. You will need a certified copy of the Court Order and attached a Apostille Stamp from the State Department un Puerto Rico. With the document, you Will appear in the Las Vegas Court House and request a Court Marshalls assistance to get your daughters.

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My wife has a fence that has a fence about 4 inches on her side of the property line. She had a survey and the Engineer

The engineer staked the property line. My wife says that she now needs to move the fence to the line? Is this correct?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 3, 2020

Hello and thank you for using Justia. Now that she has had an Engineer prepare a "Mensura" (property measures), she needs to get Court Authorization to move the fence. This is a legal process to revindicate the property dementions as registered in the Property Registry Department, thus... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: my son is 16 , he been living with me since january 2020 i own 5,000 in child support ,but they still taking money from

my check what should i do

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

Hello and thank you for using Justia. You will need to notify the Court that your Child is with you and that all monies paid since January should be credited to Child Support arrears.

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

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: My grandmother in Puerto Rico has passed and I need assistance probating her estate I have her testament

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »

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

Hello and thank you for using Justia. My sincero condolances

You Will need to contract the services of an Attorney in Puerto Rico for said process. The Attorney Will do the entire Probate of the Testament, filing Inheritance Tax Return and having said Testament executed.

If you...
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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Hello, My dad passed away 2009, him and my mom did not have a will.I have 1 older sister married no kids,

I am married and have 3children and they are the only grandchildren of my parents. I want

To fix the house and live in it.

Do I have to do anything legally? I was told by my aunts and uncles I could live and fix my dads house.

It has been abondkanded by my mom for the last 11 years.

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

Hello and thank you for using Justia. Yes you must first complete the Probate process for both of your beloved Parents. This is done by creating an individual Estate for each of your beloved Parents. Once the Court has declared whom the members of each Estate are (Inheritors). Next you will need to... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: How do squters get their power and water turned on with out owning the deed to a property.
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 19, 2020

Hello and thank you for using Justia. Usually a sworn Declaration stating that they are the residents of said property will allow them to get public utilities connected.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Please state the law that orders the non custodial parent to seek order to stop support after majority?

I have a child support order from Puerto Rico but I live in Texas. My oldest daughter has reached majority but my son has not. The father has not requested termination and decided to give me half of the support. What Puerto Rican law states that child support does not end automatically at the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 13, 2020

Hello and thank you for using Justia. Child Support order can only be modified by a Court Order. Thus for the elimination of a Child Support order the Court must rule on eliminating the Order. Please Vieques the following link on this matter; http://www.ramajudicial.pr/orientacion/pension.htm... Read more »

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