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Puerto Rico Questions & Answers
1 Answer | Asked in Tax Law for Puerto Rico on
Q: I’m a 1099 NEC that work for company in Florida remotely from my home in PR. Do I have to pay taxes to IRS as well as PR

I filed taxes from prior year and got a notice saying I have to file in PR and pay taxes as well.

James L. Arrasmith
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answered on Apr 23, 2024

As a resident of Puerto Rico who is working remotely for a company based in Florida, you generally have to pay taxes to both the IRS and the Puerto Rico tax authorities. Here's what you should know:

1. Federal Income Tax: Puerto Rico residents are required to file a U.S. federal income...
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0 Answers | Asked in Divorce for Puerto Rico on
Q: I (PR) married a Spanish citizen in NY. To file the divorce in the US, it has to be “exemplified copy”. Where and how?

Divorce took place in Madrid. The copies I took to the Brooklyn tribunal are original, apostilled and officially translated to english.

0 Answers | Asked in Probate for Puerto Rico on
Q: Should you accept a settlement offer without going through the probate process?

Two heirs presented an offer to the other two heirs, without filing any documentation with the courts for the Estate. There is no will and only 4 legitimate heirs (second wife & half-brother (offering), two heirs (getting offer) are his sons from 1st wife. Numerous attempts to obtain... View More

0 Answers | Asked in Elder Law for Puerto Rico on
Q: Should my elderly parent in Puerto Rico first get Medicaid in Puerto Rico before coming to NYC?

My elderly parents are on Medicare in Puerto Rico. Mom needs to be placed in a nursing home (advanced Alzheimer's), so I'd like to place her in a nursing home in NYC. However, I need Dad to get her on Medicaid in PR beforehand, so i can find a home in NYC, bring her and get her placed... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: How do probate laws in NY and PR affect each other? My late husband's properties will be in probate simultaneously.
James L. Arrasmith
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answered on Apr 18, 2024

Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More

0 Answers | Asked in Child Support for Puerto Rico on
Q: Can mom open a assume child support case in PR when there is an open case in MA?

Question.... If my fiancé pays child support through Boston MA CS system. And the mom moves from MS to Puerto Rico, can she open an assume case in PR even though there is an ongoing open case in Boston Massachusetts? She keeps telling my fiancé that the minor needs health insurance and because of... View More

2 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: La esposa muere. Puede el esposo vender la casa si se volvio a casar y 3 hijos herederos no estan de acuerdo en vender?

Mi madre murio, hay una casa que se heredo entre hijos y mi padre. Mi padre se volvio a casar, quiere vender la propiedad pero los hijos no quieren vender. Es posible vender aun si parte de los herederos no estan de acuerdo?

James L. Arrasmith
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answered on Apr 17, 2024

De acuerdo con la ley de California, si la casa era propiedad comunitaria de su madre y su padre, entonces su padre heredó automáticamente la parte de su madre al momento de su fallecimiento. Esto significa que su padre ahora es dueño de la totalidad de la casa.

Sin embargo, si su madre...
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1 Answer | Asked in Probate for Puerto Rico on
Q: Dad passed 2 years ago,his wife passed6 years ago,willed everything to myself and my sister,left my stepsister out

Is she entitled to claim,in puertorico

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

You do not specify to whom was your stepsister related. Neither do you specify when/where both spouses died. Under rule of law, your stepsister would not inherit from her step-parent. Nevertheless, she would inherit from her actual parent. If she was left out of both wills, her parent incurred in... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me
James L. Arrasmith
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answered on Apr 15, 2024

In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:

1. Jurisdiction: Ensure that the court order is valid and...
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0 Answers | Asked in Small Claims for Puerto Rico on
Q: How do I sue an company that didn't fully comply with their contractual agreement for my destination wedding?

I had a destination wedding in Aguadilla PR in Mar 2023 and I live in FL. It was at a mansion that does full service weddings. Three weeks prior to the wedding I was told that due to a current legal issue I was not going to be able to have my wedding party outdoors. The owner, which I then later... View More

0 Answers | Asked in Civil Litigation, Family Law and Child Support for Puerto Rico on
Q: What are college student support laws if school is not continuous since H.S. Graduation?

Graduated high school. Attended university for 3 semesters - flunked out. 



Took the summer off. Partied with friends. Refused to get a job. 



Enrolled in community college. Flunked out after 2 semester. 



Took a YEAR off. Got in trouble. Went to rehab.... View More

2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: Can I sue an Airbnb host if I fell and was injured on their property in PR from NYC?

I fell because there was lifted cement that leads to backyard and lost my two front teeth. Someone else in our group fell as well but didn’t sustain injuries

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

You can sue the owner of the property where you fell. Puerto Rico rule of law grants one year as the prescriptive term limit within which to take a cause of action before the Puerto Rico courts. You would need to provide proof that the injury occurred in Puerto Rico, by way of hospital records and... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Mom and dad are divorce and both names are on the property in PR, would the property go to my mom if he passes first?

Dad has 2 kids from his first marriage. Mom bought the home while divorced from my dad they remarried and before divorcing again she added him to the property per the lawyer request. If he passes away would my mom be able to sell the property with out any consent from his kids from first marriage... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 4, 2024

Having your parents divorced, the home becomes a community property, whereby both of your parents have an equal stake of 50% each. Upon either's death, the deceased parent's participation in the real estate will go to hir/her legal heirs. Prior to transmitting the succession rights, the... View More

1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: How do I file charges against my husband for adultery if I live in CA but he moved to Puerto Rico with his mistress

My husband moved to Puerto Rico with his mistress, she is now pregnant. I live in California with our 4 year old child. He has refused to pay child support and evaded all financial responsibility for our baby. We are still legally married, currently going through a divorce. He has spend all our... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry you're going through this incredibly difficult situation. What your husband has done is awful and unfair to you and your child. Unfortunately, California law does not allow for criminal charges to be filed against a spouse for adultery. California is a "no-fault"... View More

0 Answers | Asked in Traffic Tickets for Puerto Rico on
Q: Me dieron una multa por comerme una luz amarilla cuando ya cruzaba la intersección. $350. No conducía en exceso de vel.

No conducía en exceso de velocidad. Me dieron cita para el tribunal pero no veo como defenderme si no hubo razón para la parada de tráfico.

0 Answers | Asked in Employment Discrimination and Employment Law for Puerto Rico on
Q: Is against law to be told at work by Management "you HAVE to smile" at the office because my serious facial features?

Office location: San Juan, PR

I have serious facial features and I was told that I have to smile at meetings and office (coworker environment) because I look serious or frowned. My facial features are like that and I feel harassed or discriminated due to physical looks, being the only... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for Puerto Rico on
Q: I am currently being sued by my ex regarding my half of my apartment in Puerto Rico. My ex is claiming that I abandoned

the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More

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answered on Mar 26, 2024

When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom who is still alive, wants to donate her property and house in Puerto Rico but owes "CRIM", what can be done?

My mom lived in the property and she was still charged by "CRIM", even though it is her only property. She filed for an exemption which she never got an answer back from "CRIM". She wants to donate it to me before she dies and I think it is unfair they charged her taxes, what... View More

Ramon  Olivencia
Ramon Olivencia
answered on Mar 26, 2024

The property tax exemption for residing at the main residence in Puerto Rico is not automatic. It has to be applied for and is only valid until a certain amount, although most residences in Puerto Rico, except the very expensive ones, qualify.

If she has a copy of the receipt of the...
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3 Answers | Asked in Bankruptcy for Puerto Rico on
Q: If my home is declared my Homestead, will the home be exempted if I declare Bankruptcy in Puerto Rico?
Martha Warriner Jarrett
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answered on Mar 24, 2024

The amount of the homestead exemption that you are entitled to claim varies from state to state. I'm a California attorney, but I looked it up on Google and it appears that you are entitled to an unlimited homestead exemption in Puerto Rico. However, before you proceed, you should consult a... View More

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