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Questions Answered by Rafael Pagan-Colon
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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can a Real Estate lawyer represent my father in PR for the whole process of selling a property? He's 87 yo.

My father is 87yo and would like to avoid going anywhere to sign documents etc. Related to a sale of a property he owns. How much +/- it will cost?

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

An attorney in Puerto Rico can represent your father for the purposes of selling real estate property, so long as your father is in full possession of his mental faculties and grants a power-of-attorney to authorize the Puerto Rico attorney to represent him in the sale. The power-of-attorney must... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Can my ex-spouse re-request child support in PR after my child turns 18 - IF our custody order was created in a US state

We had a child custody order, and I maintain jursidiction in my state. She moved to PR with child. Based on my state, child support will end at 18. After it's completed, can she in turn file for child support in PR upon my child turning 18 as a new child support case?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 29, 2023

First off, she must reside in Puerto Rico with your child for a year, in order to demostrate residence. Once Puerto Rico is the state of residence, adulthood is achieved upon reaching 21. So long as you pay child support, you can present the case to the court or to ASUME (the Administration for... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do I go about obtaining a deed to a portion of land that has been in the family for over 150 years without a deed?

The land is in Cabo Rojo. My great grandmother’s home has been vacant for 25 years. I was told family can build on this land, but there are no deeds to it. My great grandmother had many siblings and many have build homes without a deed.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

The answer to your question entails procuring a Certification of your family's land from the Puerto Rico Property Registry. That will let you know whether the portion you speak of has been segregated or not.

If the portion was segregated, then the Puerto Rico Property Registry should...
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1 Answer | Asked in Real Estate Law and Family Law for Puerto Rico on
Q: How can my mentally disabled sister transfer 75% of shares of the house and land willed to her by our deceased parents?

My father’s will gave my mentally disabled sister 75% of the house and surrounding land in Puerto Rico with the balance divided evenly between me, my other 2 sisters and my brother. However because she can’t live alone (my father was taking care of her on the property) she wants to give me her... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

The only way to achieve this would be through a court authorization. Puerto Rico Civil Code presumes that all adults are judicially capable to make their own decisions. In the case of mentally disabled adults, a lawsuit must be filed with the court to legally incapacitate your sister and assign her... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Contracts for Puerto Rico on
Q: Hoa issues in Puerto Rico

The Hoa president is now requiring all those that rent subscribe and acquire a hotel # whether you a business or not n also charging a fee of $150:for damages of guest. First can she force you to register and ask for the # and can she collect a damage fee per guest?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Puerto Rico on
Q: I a 68 y/o lady suffering from the sequela of an assault at an Égida. Can I sue the landlord for damages? Thank you

I have lived at the privately owned/ government subsidized Égida for moderate income seniors for 5 yrs. and had complained to the mgmt./ landlord , for months, about my 4 attackers for harrassment and the lack of security cameras.The physical assault , per se, occurred Nov/24/2022 @ 7:16 pm and I... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

You can sue on or before November 24, 2023. The statute of limitation for this cause of action is one year after the events. I advise that you retain an attorney, who may extend the term by notifying the landlord by way of an extrajudicial letter.

You may procure legal representation...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: En su testamento, mi padre me nombra albacea con expresión relevo de fianza y sin límite de tiempo con facultad para

Cobrar rentas, utilidades, administrar y tomar medidas de protección del caudal. También añade facultades extraordinarias para la ejecución del testamento de vender. ¿Con esa facultad extraordinaria de vender, puedo vender solo con la autorización verbal de los otros herederos forzosos sin... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

Buenas tardes. Antes que nada, una vez fallecido su padre, son dos pasos que debe llevar a cabo: Primero, debe levantar un inventario del caudal en los primeros 30 días siguientes al fallecimiento, para tener una idea de lo que dejó. Segundo, debe acudir al tribunal para solicitar cartas... View More

1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: My mother inherited land in Puerto Rico in 1991. She is currently a resident of NY and in assisted living .

As my mothers sole heir, if she passes, will I be subject to inheritance taxes on the land? I have read that inheritance tax on land can range from 18%- 50% of the value.

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

At this time, the Commonwealth of Puerto Rico does not impose inheritance per se. Nevertheless, property taxes are another matter entirely. Assuming that she lived the real estate property in Puerto Rico until her death, and assuming that no descendant has lived the real estate property since,... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: What Office can verify the assigned numbers that corresponds with each part of the property and was it segregated, OPGE

the property in question should have been segregated according to our ‘records’ back when they were originally filed by my father. There appears to be a sequence of numbers that corresponds with each one of the assigned land parcels. Could the OPGe assist with clarifying if the land was... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 3, 2023

You'll have a better chance to get the information from the Property Registry. When lad plots are segregated from a main lot, the Registrar annotates each of the new property ("fincas") numbers for each of the newly segregated land plots on the margin of the main lot. Also identified... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I build a second floor on my parents house in PR after their death legally. I have 3 siblings ,

I am aware of the real estate laws without a will. Do I need my sibling’s permission and is the second floor considered a separate residence ?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 29, 2023

Building the structure is not the issue. Your would not be able to file ownership of the structure, so long as probate procedures have not been completed. No one can assume or transfer a right that they do not personally possess. Allow me to elaborate.

Upon a person's passing -...
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1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: Where would I file the Request for the transfer of ownership? can this be done online? Where are original records kept?

Assuming that most of the process should have been already done, where would I go to find the measurements of the plot? I had the land surveyed when we started the process back in 2007 when my father passed.I’m pretty sure I have most of these documents. The only thing I don’t have is the title... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 23, 2023

Ownership of the property can be established by requesting a registry certification from the Puerto Rico Property Registry (Registro de la Propiedad) with copy of the scanned foils that shows the historical tract of the real estate property. You can physically visit the Registry located in the... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Puerto Rico on
Q: Para ley de Puerto Rico ¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) ... vea abajo:

¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 23, 2023

Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I check and find out if the land was ‘lotified’ or was segregation done ? What is the difference between the two

Prior years before my father passed he had filed with the court an Escritura leaving us assigned portions of his land. I filled through an attorney the Declaration of Heirs.. I have several documents that were submitted to the courts; I’m Not sure if everything was completed. I have a... View More

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

You need to start with the land plot from whence the other lands were segregated. When plots are segregated from a source land plot, the Registrar annotates the new plot ("finca") numbers as entries to its historical tract. When a land plot is lotified, but not yet segregated, a plot plan... View More

1 Answer | Asked in Construction Law, Consumer Law, Real Estate Law and Contracts for Puerto Rico on
Q: Hello, can I place a lien on the developer/owner of an urbanization for repairs paid for by me?

The developer owner of the urbanization has failed to fix major construction issues to a point where our home is posing a hazard to live in as we have land settling and and erosion of soil. House foundation leaks water through the floors and electrical wiring has serious overload issues. I have... View More

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

To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: prior to my father passing he separated land between myself and my siblings .it does not appear listed in the CRIM, what

The catastrophe no# appears to be the same for all the property; it was my father’s #no. how can we verify each part and what do I need to do next. I tried to find it online; I found a listing for a portion of the land. When I contacted the office of the CRIM they were unable to find anything in... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 20, 2023

If the cadaster number is the same, it probably means that, at most, the land may have been lotified (i.e., outlined lots) but has not been segregated. Assuming that your late father was the sole owner of the land (was he single at the time of his death?), and assuming that you have a declaration... View More

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