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Puerto Rico Questions & Answers
0 Answers | Asked in Estate Planning, Land Use & Zoning, Landlord - Tenant and Municipal Law for Puerto Rico on
Q: What happens if you don’t pay CRIM Puerto Rico? Can I have the government take the house at leaf my sister and I part?

My sister and I inherit an house that’s really our grandmothers. Though, dad passed away last year. Aunt wants to make a new declaration of heirs. As well sell the house that is being rented. Dad was the head that house prior to death and never mentioned anything about CRIM that he had to pay... View More

0 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My grandmother’s left her home in Puerto Rico about 12 years ago. Does a squatter have any rights to her home?

Grandmother has passed away and home now belongs to my family .

1 Answer | Asked in Tax Law for Puerto Rico on
Q: Tax residency question

...

James L. Arrasmith
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answered on Jul 18, 2024

To determine your tax residency status for 2024, you need to consider the substantial presence test used by the IRS. Since you arrived in the U.S. on March 15, 2024, and have spent 176 days in the country so far, your stay in Puerto Rico will also count towards your total days in the U.S. for tax... View More

0 Answers | Asked in Family Law for Puerto Rico on
Q: Puede un hijo recibir dinero de una patente inventor hasta cuando

Mi padre es un inventor de un producto para la compañía Cemex y no he recibido ese dinero

0 Answers | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: My son is receiving auxiliary benefits under his mother's SSDI benefits. Can I modify my child support in Puerto Rico?

We have 50/50 custody and I do have a court ordered child support. Does Puerto Rico recognize auxiliary benefits as a type of support that can be credited against my child support obligations?

0 Answers | Asked in Child Support for Puerto Rico on
Q: My son is receiving auxiliary benefits under his mother's SSDI benefits while I am paying child support.

We have 50/50 custody, and I have a court ordered child support. Would I be able to get my child support modified in Puerto Rico due to my son receiving auxiliary benefits?

0 Answers | Asked in Divorce and Child Custody for Puerto Rico on
Q: If I don’t follow a judges order for visitation, would I be penalized?

My son’s father never abides by the court order for visitation or summer breaks. Says he was advised by an attorney that nothing will happen as long as he pays child support. Also said the judge cannot force him to pick up his son and he won’t be penalized.

0 Answers | Asked in Child Support for Puerto Rico on
Q: Reduce the child support

Child support 2 child is $165,,, I have been pay $350 months since divorced about $53,000 20 years and extra

0 Answers | Asked in Divorce and Domestic Violence for Puerto Rico on
Q: Hi, what are the necessary qualifications to ask for an alimony?

My husband and I are both mental health patients. He is very abusive physically and emotionally towards me. Me got married on 2012, since then I have visited the hospital to get checked due to him pushing me, more than three 408 have been given in order to have him hospitalized and once a law 54... View More

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: Is donation a viable option if the land and property on the land does not have a deed? what would be the impact of an

excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More

0 Answers | Asked in Real Estate Law and Civil Litigation for Puerto Rico on
Q: I wish to withdraw from an LLC. The operating agreement says that the majority partner has to buy my shares, he refuses.

In 2021 I entered into an LLC partnership in Puerto Rico for the purpose of co-owning an income producing business. I wish to withdraw from the LLC and have submitted my formal withdrawal to the other partner which he acknowledged. The required period of time for an offer and buyout has expired,... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: Which Department to I check with for unclamed funds from the Sale of a Family Estate in Puerto Rico?

My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:

1. Departamento de Hacienda (Department of Treasury):

This is indeed a good place to start. The Departamento de...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: can the birth mothers name be changed to the adopted mothers name?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 24, 2024

Under Puerto Rico Rule of Law, a birth parent's name may be changed in the birth certificate to the adopted mother's name through an adoption petition submitted to a court of law, so long as the child is under 18 years of age. If the birth mother is still alive, she would have to be... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: What does this statement signify in laments term on a donation document being drafted for my father who is still alive?

"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 20, 2024

In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: What is the best way to leave property and unsegregated land to desired heirs? Are there any processes that do not

require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 18, 2024

The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Q: My father died without a will in Puerto Rico and named his best friend as the co-owner and benficiary of his money.

My father died without a will in Puerto Rico. Before he died, he named his best friend as the co-owner and beneficiary of the bank account in Puerto Rico. My father was married for 18 months to a foreign woman who NEVER LIVED in Puerto Rico with my father and of course, she is asking about the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2024

First of all, I would need to know when did your father die. If he died after November 28, 2020, his wife is as much an heir as your father's children. Although your father may have designated his wife as co-owner of bank funds, once the banks are notified of your father's death,... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: Instead of a Will , is it better to donate the property to your children before death? Note, that the land to which the

property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2024

You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.

If you decide to donate the real estate, both you and your children must...
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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: is it better to leave a Will in Puerto Rico?

what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 13, 2024

First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: ¿Qué sucede si un contrato de arrendamiento, promesa de venta con opción a compra, no contiene el pago de una prima?

¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 10, 2024

El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More

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