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Questions Answered by Rafael Pagan-Colon
2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: My mother transferred 2 properties in my name as a living inheritance. Is there any way that I can avoid paying any tax

She still lives in Puerto Rico, and I would like to build her a home on a different property that my brother owns and would like to use some of the monies for the build would I still pay a capital gains tax?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 15, 2023

Unless either real estate property is your primary residence, you'll be paying property taxes. Furthermore, if you reside outside Puerto Rico, the sale of either or both real estate properties will be subject to a 15% retention of the sales proceeds, which will be deposited with the Puerto... View More

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1 Answer | Asked in Probate for Puerto Rico on
Q: How to remove siblings as inheritors.

Mother died in Nov 2022 & step-father (who never had biological children) died the following Apr 2023. They left $12K in savings & home with an existing morgage. Four adult children (2 sons & 2 daughters) and dead spouse are currently named in the Certificado de Herederos. Two... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2023

Any repudiations must be formalized through a deed poll subscribed by the heir who rejects his/her inheritance. If an heir is gaslighting you, you'll need to take the case before a court of law. Who'll either order the heir to formally reply whether he wishes his inheritance or not. If... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: When a 'Cambio de Dueños' is filed and there are more than one owners shouldn't the change reflect all parties involved?

The land in question was given to us with documentation; Escrituras, segregated and Registered at the Property Registry through a Notary (lawyer) one of my siblings recently filed for a 'Cambio de Dueño" I noticed on the Global Catastro that when they processed the change, they left the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

I'm assuming the change in ownership to which you refer is with the Puerto Rico Municipal Income Collections Center ("CRIM", by its Spanish acronym). When more than two owners are involved (i.e., when a community property is filed with CRIM), there are two forms that should be used.... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: My brother has recently passed here in Puerto Rico and has left some credit card debts.

My brother was never married and he didn't leave a will. No one has ever cosigned for him. He doesn't own any property and was living in my Moms house. His only assets are his two bank accounts. One of the accounts paid the funeral expenses but there could be some money left in that... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

First off, I regret your loss. Did your brother have any children? If not, are either or both of his (your) parents alive? If so, your parents would be his heirs. If your parents have passed, then you and any other siblings that you may have would be the heirs.

In order to file a Petition...
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1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: What do I need to file a CAMBIO de DUEÑOS, and how can I obtain a copy of the Segregation Deed pertaining to property ?

I am in the process of filing for a change of ownership for a property that was left to me by my father prior to his passing. the Escrituras for myself and 2 other siblings were completed years ago, the land was segregated into three parts, in each of our names. Recently, one of my siblings filed a... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

Your first step would be to procure a registry certification from the Puerto Rico Property Registry. If the segregation was filed with the Registry, the original lot (finca) will identify the three lots. You do not state whether your late father left his will or whether he died intestate. If a will... View More

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Puerto Rico on
Q: Husband is double charged with 2 different child support agency’s. PR and Massachusetts

My husband has a son who is 20 years old. He resides in Massachusetts since the age of 5. The mother had an order of child support through assume but when she moved to Massachusetts, she opened on there. We paid child support to her trough Massachusetts and once the child turn 18 it stopped. But... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

If you live in North Carolina, I suggest that your husband retain the services of a Puerto Rico attorney. So long as ASUME is not informed that the 20 year-old's case was transferred to Massachusetts, they'll continue recognizing the amounts owed and surcharges will continue to... View More

2 Answers | Asked in Foreclosure for Puerto Rico on
Q: Can someone help me find foreclosure records for a property in Puerto Rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

My first stop would be with the Property Registry. Request a registry certification with tract history for the property. You'll need the lot ("finca") number and the demarcation (where the property is located), and it'll let you know if the property has been foreclosed and... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: I had to break my contract early and I paid up to the last month I stayed.

Landlord will keep security deposit for breach of contract but still wants me to pay the full amount of the lease term. Landlord has a new tenant in the unit. Can the landlord legally ask me for money while receiving money from the new tenant?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex... View More

2 Answers | Asked in Estate Planning and Foreclosure for Puerto Rico on
Q: Are heirs responsible for a parents debt in Puerto Rico?

My father who was a resident of Puerto Rico passed away. He had a house where the mortgage was more than the value of the house. The house is going into foreclosure and will likely not bring much money. Am I responsible for that debt or does the debt stop with the value of the estate?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

The Rule of Law in Puerto Rico for hereditary estates is that the heirs, having accepted their inheritance, subrogate themselves in the deceased place regarding the estate's assets and liabilities. If an estate is more debt than assets, the heirs may repudiate their inheritance. Be advised... View More

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2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How can I revoke a power of attorney from someone who's trying to take my property and Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

You can revoke a power-of-attorney by subscribing a deed poll explicitly identifying the power-of-attorney you wish to revoke. It you live in the states, the poll deed must identify any real estate included in the original power of attorney. (a) The protocolized deed poll must be filed with the... View More

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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: can a grown up ward of a guardian leave said guardian?

Ive been living in Puerto Rico with my grandmother for the last 5 years, when i came down to pr my parents were in a bad spot and could not properly take care of me, i told her everything and she put me under a guardianship with her, the last time i was informed on what was going on with the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2023

A person comes of age in Puerto Rico at 21. What your grandmother has told you is not correct nor is it legal. If you're already 21 years of age or older, you are legally capable of making your own decisions and leaving, if you wish to do so.

If you're studying in college, you do...
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1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: My uncle passed and left no will, no children, and no spouse. His brothers filed a declaration of inheritance.

The brothers have been named the heirs. Does that now make them legally responsible to pay the mortgage on the house he owned? If they do not pay the mortgage and let the bank foreclose will their credit be affected?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2023

Succession Rule of Law in Puerto Rico states that your late uncle's estate is made up of his assets and his liabilities. Therefore, any mortgages and liens on real estate property would also have to be assumed by your late uncle's siblings. If the outstanding debts exceed the... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: In Puerto Rico can you add a family member or a partner to be a cowner of a property you inherited.

I don’t live in PR but I want to have a cowner to a property i inherited.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 13, 2023

As a general rule, whether you have an proprietary interest in an hereditary estate or whether you are the sole owner of said inheritance, you can cede, donate, or sell part of your participation or all of it, by way of a deed subscribed before a notary in Puerto Rico. Nevertheless, if you are in... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: No heirs to an abandoned home.

I have lived in this neighborhood for 6 years now and the home in front of mine is my neighbors daughter who passed a long time ago. I'm assuming there are no heirs but i'd like the property to be mine. How do I go about asking my neighbor about maybe getting the home?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

It may not be so simple. The Puerto Rico Civil Code states the order of an intestate succession: if the deceased owner left no descendants, and had no spouse, it would go to the deceased parents. If these are no longer living, it would go to the deceased siblings, nephews, and nieces, if none are... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: We have a past HOA secretary that will not turn over past documents. How can we get her to turn them over?

She was asked following her term in 2018. Recently since May of last year she has been asked again repeatedly. She says she has them but shrugs it off as forgetting to bring them when she is on site. These are important to our history and what decisions were made in the past. We are in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

If the HOA covers a condominium, the first forum would be to go before the Department of Consumer Affairs. If it is a closed urbanization or community, you could file a lawsuit against the former secretary before a court of law. However, before taking that drastic of a measure, the current... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Property in Puerto Rico that a lawyer was to register but CRIM can't find it, how should I proceed. I have documents.

I have documents from notary and register and fica number. How do I proceed, CRIM says candastre number but i can't find that number on receipts. I don't think he completed the task fully. What should I do?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

You can bring to CRIM the previous owner's social security # (which the attorney should have, since he should've also filed the change in the property's ownership before the Puerto Rico Treasury Department (“Planilla Informativa sobre segregación, agrupación o traslado de Bienes... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How much should heredity proceedings cost in the absence of a valid will in Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 9, 2023

You do not provide enough information to answer your question. Several factors that affect the costs are: how many heirs are there? Are they all alive? If any have died, did he/she leave descendants? Are these descendants all alive? Are any heirs minors (underage)? Did the deceased leave bank... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Who can represent me regarding a property inheritance and sale negotiation in Puerto Rico, if I live in NY?

My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 1, 2023

You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Puerto Rico on
Q: What is the process of recovering escrow held by the government at the closing of a house in Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

I need additional information before I can answer your question. When was the sale closed? What state do you reside in? If you live outside Puerto Rico, the local Revenue Code requires that a 15% retention be automatically made against sales proceeds for non Puerto Rico residents. This retention is... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I find out in records where my father left the land and house to my brother daughter and me?

It’s a home and land in Rio Grande Puerto Rico. Wish to build on land but I’m getting the runaround. They harass my brother who has a mental disability. I want to build a home that is modern and secure for him and myself to stay in with no problems from the rest of the family. I’ve requested... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

The information you require may be found in the Puerto Rico Property Registry. You'll need your father's full name and the location of the property. If you have the plot ("finca") number would be so much better, as well as the cadaster number under which the real estate is filed... View More

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