Lawyers, Answer Questions  & Get Points Log In
Puerto Rico Questions & Answers
1 Answer | Asked in Probate for Puerto Rico on
Q: My uncle in San Juan has passed away with no will. We are his nephews how can we apply for our inheritance?

We are three males US Citizens

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2022

Your question does not state when your uncle passed away. The answer to your question, depends upon your uncle's decease date, since a different Civil Code applies s of November 28, 2020. When a person dies without a will, the following hierarchy applies.

If your uncle died before...
Read more »

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Q: A person passed away leaving property. All siblings want to sell except one. What happens in this case?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2022

Hire a PR lawyer for a Partition Action or whatever they call it in PR. Here on Justia are some good lawyers for real property there.

View More Answers

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Q: A person passed away leaving property. All siblings want to sell except one. What happens in this case?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2022

I'm assuming that the reluctant heir does not have the money to buy out his/her siblings and/or has not made a reasonable offer to the other siblings. If that's the case, the Puerto Rico Civil Code states that no co-owner should be forced to remain in community; not even in a hereditary... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I buy in PR one third of a real estate property? Been in it a small house and some land.

The land offered to me is in Puerto Rico, one sole owner, free of any incumbrances or/inheritors claims. On that portion there is a small house and some land that includes . The main house is 120 ft away.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2022

What legal question do you want answered? Yes, if you have the money, you can buy the house. If you are thinking about buying a 1/3 undivided interest in the property, you had better think carefully about who the other owners will be, and particularly what you would do if you have disagreements... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: Can you go to the courthouse to request declaration of heirs without legal representation?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2022

Assuming the declaration of heirs file is at the court house, and assuming that you are an interested party (i. e., an heir, a court-appointed, administrator, or the executor), you can go to the court’s civil secretary, where they’ll let you know whether they have the file, whether it’s at... Read more »

0 Answers | Asked in Elder Law for Puerto Rico on
Q: Hi! My grandfather 91 years old is in need of help. My grandmother wants to put him in a elderly home. He refuses to.

His 2 daughters aren't going to take care of him. Is there anyway my grandmother can kick him out of him home? By law do the daughters have a say? Can I his granddaughter care for him in my home?

0 Answers | Asked in Probate for Puerto Rico on
Q: I have my stepdad's will from Florida. He passed away in PR. What is the correct jurisdiction for the probate process?

I am trying to sell the house in Puerto Rico. I was listed as the representative on the will. My dad passed away in 2007. My mother passed away in 2012 and I also have her will which was created in Puerto Rico. My stepdad did not have any children, but he had five siblings (two are alive and three... Read more »

0 Answers | Asked in Construction Law for Puerto Rico on
Q: Construction of new dwelling on my property

I live in Cabo Rojo and I own 1 acre of land with one dwelling and I am exonerated from paying property taxes. Can I build another dwelling without having to alter the deed and will that affect my exoneration of property taxes.

0 Answers | Asked in Intellectual Property and Tax Law for Puerto Rico on
Q: My Father has property in Puerto Rico which should be passed on to me (his son), the only living child. No known Will.

My father is deceased, No will or deed was left behind for me. Is there a way I can search for property own by my father, for which I can claim and pay the unpaid taxes on.

0 Answers | Asked in Probate for Puerto Rico on
Q: What is the timeline to petition probate on a property in Puerto Rico?

My uncle lived in Puerto Rico and was survived by 2 sisters.Who inherits his property and how long do they have to petition probate before it goes to the state there is no will and what is the process to do from Florida.

Thank you,

0 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My uncle passed away in Puerto Rico and he has 2 sisters that live in South East Florida who inherits his property?

How does one go about transferring the deed once it is clear who inherits the property? Make an assessment of the value of the said property and place it on the open market. Thank you

1 Answer | Asked in Consumer Law and Elder Law for Puerto Rico on
Q: Are the elderly in PR protected against conmen salespeople?

My elderly father was coerced by a salesperson (this man was an unexpected guest who tagged along with a "friend's" visit). After 8 hours, the man presented this item (at 12a) and my dad was coerced into buying a $4,000 vacuum. He is elderly, hearing impaired and was exhausted at... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 3, 2022

Financial exploitation of the elderly is regrettably becoming too commonplace. For the sake of our discussion, I'm assuming that your dad lives alone in Puerto Rico. Does he have any family living in Puerto Rico? A close relative would assist in minimizing the possibility of this scenario... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Puerto Rico on
Q: Cobro obligado en el marbete por $5 "donacion" Roberto clemente es extorcion.. como puedo demandar?

Renovation marbete

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jun 3, 2022

Saludos:

El Código Penal de Puerto Rico define el delito de extorsión como "Toda persona que, mediante violencia o intimidación, o bajo pretexto de tener derecho como funcionario o empleado público, obligue a otra persona a entregar bienes o a realizar, tolerar u omitir actos, los...
Read more »

0 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: Can I convert a restaurant into apartments in Vega Baja, Puerto Rico ?

There’s a commercial space, restaurant in Vega Baja PR for sale and would love to buy and convert into apartments. Would like to know if it’s possible converting it.

0 Answers | Asked in Child Support for Puerto Rico on
Q: When my daughter got married does child support stop in Puerto Rico?

One daughter is 28 and the other 25. Puerto Rico has me having a debt for child support. The youngest which is 25 got married at 23. Can I ask the judge to close the case?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I claim a rights to property next to mine that I have been paying taxes since 2011?

I paid to have it segregated because it belongs to my dad and uncle. We have our part now but next door my uncle has not paid the taxes since 2011 so the state did not take it, I have been paying on it. There is no house on this land. Can I apply for ownership of it?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 26, 2022

The process by which you could acquire ownership of someone else's real estate property in your possession is usucaption. Article 788 of the Puerto Rico Civil Code states that you must be in possession of said property for 10 consecutive years, if you have possession in just title and good... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Is family responsible for deceased father's empty house, in Puerto Rico, when there's is no will? We don't want house.
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 26, 2022

Your deceased father's heirs certainly would be responsible for upkeeping and maintaining his house, as well as paying outstanding property taxes, assuming that they accept his estate in inheritance. Under the Puerto Rico Rule of Law, the estate of a deceased person is made up of his/her... Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: Hello, If me and my wife have been separated over 15 years but not legally divorced does she get 50% of my assets?

I have been separated from my wife for over 15 years, I live in PR she lives in Miami, I bought a house in PR and a car about 5 or 6 years ago, we do have 2 kids together an 19 year old and a 17 year old, if we divorce through court legally in PR does she get to keep half of everything I own and... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jun 3, 2022

Greetings:

The inexistence of a prenuptial agreement and other specifications about the assets are really important.

The kids are considered minors on Puerto Rico jurisdiction until they are 21 years of age. So there might be a need to pay child support and establish other regimes...
Read more »

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.