Q: I live in Maryland, I have a house in PR I wish to donate to my Niece in PR. No lien, taxes paid. How do I do it?
The house is paid off. All taxes up to date to CRIM. Do I need to travel to PR to do the transfer?
A: A donation deed will need to be prepared by an attorney. You do not need to travel to PR as this can be done remotely via Powers of Attorneys for both you and your niece, in case she is not in PR. Basically, both parties or their respective representatives will need to sign the deed.
A:
You may donate the real estate property by subscribing a deed. You may do so from the states, in which case, the original subscribed poll deed would need to be protocolized in Puerto Rico. Under this scenario, your niece would need to grant a donation acceptance poll deed.
In the alternative, you can travel to PR and both you and your niece may appear before the notary to subscribe the same deed on the same date.
Having subscribed the donation and its acceptance by you and your niece, a donation tax filing must be submitted to the Puerto Rico Treasury Department, who would issue a tax waiver before finally registering the donation with the public registry.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
