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Questions Answered by Nelson Jose Francisco Alvarez-Aponte
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Can a parking lot for heavy machinery (trucks, diggers, excavators, etc.) be placed in middle of a residential area?

In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another... 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 will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said... Read more »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Puerto Rico on
Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... Read more »

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

Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.

What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.

If you need additional...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: My M-i-L has a property in PR with 2 tenants, neither have contract. She is interested in selling the house. Any issue?

One tenant on main floor and other on 2nd floor is her granddaughter (i.e. my niece) with her boyfriend whom has a child (not my niece's child). What steps can MiL take to sell the property?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 11, 2020

Hello and thank you for using Justia. No contract, no legal issues. Your M-i-l Just needs to list the property and sell it.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed. No will was left. How can my dad get the house in his name?

My dad's brothers aren't interested in the house but also don't want to sign it over. We have been living in this house over 30 years, since before my grandparents passed.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 10, 2020

Hello and thank you for using Justia. You Will need to file in Court a judicial process for Declarations of Inheritors. Once the Court has issued a Resolución, the next step is to file the Inheritance Tax Return requesting a Tax Reléase. With said Tax Reléase the property Inheritors will be... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Puerto Rico on
Q: My daughter & son in law are drug addicts and alcoholics and are neglectful of their two children. CPS & 911 reports

on file in PR. Can grandparents get temporary custody while court requires rehabilitation?

We live in Wa state! Our home was the children’s home away from home before they moved from here to PR! Son in law is abusive to our daughter and has complete control over her! What can be done to... Read more »

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

Hello and thank you for using Justia. Yes the Grandparents can petitión for custody of the children if thier wellbeing is at risk. This is done by filing a petition in Family Court, notifying the Family Department, notifying the Child Protection Agency or directly with the Court.

Please...
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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Hello, my mother in law lost all documents to a property she has in Guayama P.R, How can we go about getting them ?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 31, 2020

Hello and thank you for using Justia. She can get all the information related to her property visiting the Property Registry Department or the CRIM Office. Both agencias have web sites for online viewing of the information. You can also hire an Attorney to do the research for her.

If you...
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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: How can I obtain copies of my court order to pay child support in PR?

I need to confirm a stipulation in my court order which transfers the obligation depending on where my children reside. If I remember correctly, this stipulation was included when my court order was finalized to which my lawyer at the time asked to include because she knew I had every intent to... Read more »

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

Hello and thank you for using Justia. You can find your case file at the Court House where the original case was heard. You should call said Court and verify if your file is physically there or if it has been sent to Central Archíve.

If you need additional information please feel free to...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I’m 16, can I decide with whom I want to live?

Hi! I’m 16 and I would like to know if I could decide with whom I want to live. My parents were not married when they had me so my mother has custody of me but she is moving to Florida and I have expressed her that I don’t want to live there, I want to stay in Puerto Rico but they don’t... Read more »

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

Hello and thank you for using Justia. You can have your Father petitión for your custody. At the Hearing of the Petitión you will be able to testify and you opinión will be heard. This will in most instances allow a Court to rule in your Father's favor and allow you to stay un Puerto Rico.... Read more »

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...
Read more »

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...
Read more »

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 »

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