¿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?
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... Read more »
answered on Nov 18, 2022
To answer your question: Yes. You can file a claim, in the form of a collections lawsuit, with the Guaynabo Court of First Instance, under Civil Procedure Rule 60. The claim must be filed with a sworn statement, avowing under oath that the allegations in the lawsuit are true and correct. You must... Read more »
answered on Nov 1, 2022
An attorney who practices in Puerto Rico could answer best (see the linked text "Show More States"), but your question remains open for two weeks. However, the answer is essentially the same anywhere in the world. Someone needs evidence. It doesn't necessarily mean elaborate and... Read more »
No aplica a oficina o establecimientos fuera de las facilidades del centro comercial? Es correcto? Yo como dueña de una oficina de servicios fuera de una ubicación considerada centro comercial no estoy sujeta a la aplicabilidad de esta ley, es correcto?
answered on Oct 19, 2022
No tengo manera de responder a su pregunta sin conocer a qué ley se refiere.
Una de las partes implicadas construyó la pared medianera hace varios años. La otra parte que no aportó a la construcción alega el muro esta cediendo. El muro no ha sido examinado por un perito en construcción y aparenta estar en buen estado. La parte peticionaria solicita al Tribunal la parte... Read more »
answered on Oct 6, 2022
La respuesta a su pregunta depende en dónde se construyó la pared medianera. Si se halla en el terreno de una de las partes, ese dueño es quien debe asumir el costo. Si se halla en el medio exacto entre ambas propiedades (o sea, que la pared medianera toca ambas propiedades, ambos dueños... Read more »
8 heirs, 2 of 8 gave their rights of property to a brother. That brother bought the land the house is on from the Municipal. Can other heirs make brother sell the house and land
answered on Jul 18, 2022
The Puerto Rico Civil Code states that no co-owner can be forced to remain in a property community. Any one of the remaining 5 heirs with a vested interest in the real estate property may go before the Puerto Rico courts to force a sale of the property, unless the heir with a majority share buys... Read more »
answered on Jun 3, 2022
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 »
Outside of issuing an addiction notice , We have been in litigation for the last six years the 4 siblings have incurred legal and court fees that’s been a financial burden! Does PR Law support a civil case to recoup financial loses towards the sibling that refuse the sale of the home.
answered on Mar 21, 2022
To answer your question, I'd need to know what sort of litigation has been going on between you and your siblings. Upon the passing of parents who may or may not have granted their last will and testament, Puerto Rico Rule of Law provides heirs the chance to arrive at some form of agreement... Read more »
The probation of the inheritance has been completed. The house was the only property in the inheritance. There were no assets, liabilities or money in the inheritance. Each inheritor receive a different percentage of the house as inheritance. One inheritor received a majority percentage of the... Read more »
answered on Feb 21, 2022
When you state that inheritance probation has been accomplished, does this include updating the public registry to reflect the participation and percentages of all heirs? Assuming that this is the case, given the refusal of one of the heirs, your best recourse would be to go before the Puerto Rico... Read more »
My dad passed away 2 years ago in TN but he had his bank account and house in PR. He has a bank account in PR which I was authorized to used and I had power of attorney from PR while he was alive. I paid for his funeral even though he has 7 children. After paying via loans my half siblings (4) do... Read more »
answered on Oct 11, 2021
First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to... Read more »
It is currently at $6,000.00 and they have not made a payment in nearly 7 months.
answered on Aug 25, 2020
Hello and thank you for using Justia. This depends on the subject of the contact and it's contents. If it is a personal debts such as rental agreements, loans, etc. has a time bar of 15 years. To find other Statutes of limitaciones please refer to the following link,... Read more »
Hello my wife's mother, aunt and uncle all inherited a house from there father when he passed away in mid 1994, this is all documented through the courts in Puerto Rico. My mother in law was living in the house but is not living in a nursing facility. the three siblings want nothing to do with... Read more »
answered on Feb 16, 2020
Hello and thank you for using Justia. A Quitclaim will not be legal in Puerto Rico since our laws do not recognize this document for transfer of property.
The legal way to do what the siblings and your wife want to do is as follows;
1) At this moment the title of the property... Read more »
I have notice many father in the USA are suffering due to Asume lack of professionalism. Many have try resolving this issues of child support payments/arrears etc., with no success and have suffered for it, losing homes, jobs, etc...because they cant keep up with payments and payment that excess... Read more »
answered on Feb 3, 2020
Hello and thank you for using Justia. To file a class action suit against a Government and/or it's agencies is a very expensive and burdenous venture to under take.
Attempting to resolve a matter with ASUME on your own has proven over and over again to be a fruitless process. ASUME... Read more »
Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.
answered on Nov 30, 2019
If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.
A couple were married a little over 2 years while living in Florida... in those 2 years, wife cheated 3 times, and they attempted reconciliation. After the 3rd time, they separated, and she took kids and moved to Puerto Rico. They've been separated 4 yrs, and he wishes to divorce legally to... Read more »
answered on Jul 20, 2019
Hello and thank you for using JUSTIA. There is no alimony per say under Puerto Rico law. The only rights she would have is child support payments and half of all marital property. The child support is determined by calculating the sum of both parties monthly income and then finding said sum in the... Read more »
My dad died in 2002 in Pennsylvania. He was born in Puerto Rico and when he died, him and his sisters inherited their fathers land. Three years ago, my sister and I found out that we were his forced heirs to this land. My dad's siblings, (3 brothers, and 4 sisters), sold the land without... Read more »
answered on Jan 29, 2019
Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico to claim your rights to your inheritance as representatives of your father. First you will have to file a declaration of inheritors for your father's estate. Once you receive the court resolution declaring... Read more »
Is it proper to file in small claims court to be released from a rental contract paid 1 year in advance? There was a breach of contract by landlord. We're looking to get our rental fees for the rest of the term of contract.
answered on Nov 15, 2018
Hello and thank you for using JUSTIA. The case needs to be filed in the district court due to the amount and matter being claimed. You would file a breach of contract case. The costs are $750.00 retainer and 20% of the amount recovered. The amount placed by the court as legal fees would be... Read more »
Barges unlimited is holding my equipment and my equipment was never on there barges. I have three broken contracts never made a dime and now missing 200.00 an hour in Florida because I can’t get my equipment out of San Juan
answered on Oct 22, 2018
Good afternoon and thank you for using JUSTIA. You will need to file a judicial claim against all involved inorder to get youŕ equipment returned /or sent to its destination and claim your economical losses. This entails hiring an attorney to file claim. If you need additional information or... Read more »
About 2 years ago I won A civil suit in Puerto Rico against my niece(who happens to be a police officer) who had stolen money from my account. I live in New York. She was ordered to pay me back sum of $27,000. She paid me only $10,000 and has not bothered to pay the rest. My lawyer said that I... Read more »
answered on Nov 28, 2017
You can docket the judgment from Puerto Rico in New York. You need to get a certified copy from the court there.
answered on Jan 10, 2017
The venue rules in New York permit a person to file a complaint in the county in which s/he resides. Keep in mind, however, the law of Puerto Rico will probably apply. Note: if there is an agreement that contains a choice of law and a venue clause, then the contract would most likely govern... Read more »
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