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Puerto Rico Elder Law Questions & Answers
0 Answers | Asked in Elder Law, Real Estate Law and Probate for Puerto Rico on
Q: How can we transfer mothers home and vehicle to my name in puerto rico from new york?

My mother is in NY sick, about to enter hospice care she is alert and oriented. She has a home and vehicle she owns outright in puerto rico she would like to transfer home and vehicle to my name. Please some advice on the best way to do this?

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: Posibilidad de rescindir contrato de arrendamiento con promesa de venta, medie justa causa o no, en Puerto Rico.

Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More

1 Answer | Asked in Civil Litigation, Contracts, Elder Law and Landlord - Tenant for Puerto Rico on
Q: What is just cause to terminate a contract of promise to sell a property?

My mother, in Puerto Rico, was evicted from a house she rented, and she promised her property to a tenant with a promise of sale, but my mother, 83 years old, needs it to live in. Can her eviction and her age be just cause for not selling the property and recovering it? Additionally, the tenant... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More

2 Answers | Asked in Contracts, Arbitration / Mediation Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: How can I identify if my mother's rights were violated in a property purchase contract? She's an elderly woman.

To whom it may concern,

Seeking urgent help regarding a potential violation of my mother's rights in a lease agreement. She co-owns a property in Puerto Rico and signed an exclusive lease with a tenant. Unauthorized alterations were made by the tenant, including demolishing the kitchen... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

Certainly, Mr. Pérez. In general, a tenant cannot make significant alterations to a property without the landlord's permission, especially if it affects the property's value or usability. If your mother's lease agreement specifies that alterations or improvements require her consent... View More

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1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I know I'm a beneficiary. Grandpa lived and died in Bayamon, PR. I don't have the will or know who the executor is. ?

So I repeat. No will. No death certificate. I'm a grand child so apparently not entitled to one. How do I find out who the executor is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2022

An attorney should be able to get you the death certificate and find out who the executor is if indeed you appear as the beneficiary on the will.

1 Answer | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: I looked up how to get my grandpa's death certificate, but everything says I can't be a grandchild. what do i do?

I know i am a beneficairy, but I don't have the will, and It says i am not entitled to the death certificate. I just want to reach the executor of my grandfather's estate cause they know I am a beneficiary and will tell me what I need to know. How do I find out who it is?

Ramon  Olivencia
Ramon Olivencia
answered on Aug 12, 2022

If the person passed away in Puerto Rico and you are a beneficiary, an attorney should be able to obtain the death certificate for you, as well as a copy of the will.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Puerto Rico on
Q: how do I get a copy of my grandfather's will in puerto rico

he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 25, 2022

I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... View More

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... View 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... View More

1 Answer | Asked in Elder Law and Probate for Puerto Rico on
Q: Is Uniform Interstate Depositions and Discovery Act (“UIDDA”), effective in Puerto Rico? Can it be used to depo someone?

If person lives in PR but case is in Florida can they be deposed?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 29, 2022

Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of... View More

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Puerto Rico on
Q: Im currently taking care of my Grandmother 95 and her brother 91. How do I go about becoming their legal guardian in pr

To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 2, 2021

The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... View More

1 Answer | Asked in Criminal Law, Estate Planning and Elder Law for Puerto Rico on
Q: How can I know if my father's eldest daughter claimed an inheritance left for my father, by his last sibling, in PR?

My father's eldest brother, who was unmarried with no children, passed away in 2016, leaving behind property & bank accounts. My father buried his brother and he and I began the process of Declaration of Inheritance, with a Lawyer in PR, from New York, where we live. My father paid the... View More

Ramon  Olivencia
Ramon Olivencia
answered on Aug 15, 2021

I don't know what happened with your dad's attorney, but that kind of situation could be easily researched. First, by making sure that the attorney is still in office, that is, if he has not passed away or perhaps migrated, as happened with a number of colleagues particularly after... View More

1 Answer | Asked in Elder Law, Health Care Law and Family Law for Puerto Rico on
Q: Hi my name is Peter. I moved to Puerto Rico from Chicago to care for my mother who had cancer and was living by herself.

My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2021

Greetings:

Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Puerto Rico on
Q: What is the caregiver law that states the person who solely cared for family has a right to compensation from family?

Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 14, 2020

Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.

What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.

If you need additional...
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1 Answer | Asked in Elder Law, Probate and Estate Planning for Puerto Rico on
Q: My dad past away in Puerto Rico. He had joint ownership of their home and bank accounts with my mom. My mom seemed leg

Seeked Legal advice and handed checks over to this lawyer that were in both her name and my dad’s. That was 5 years ago and now the atty is avoiding my mom and has all her accounts frozen. The atty is also avoiding my calls. It is a large amount of money and my mom has not received a dime of... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 23, 2020

Hello and thank you for using Justia. You will need to create an Estate for your beloved Father and do a declaration of Inheritors in a Court process. Once the Court has issued the decrece declaring the inheritors , the next step is to file the Estate's Inheritance tax return. This will... View More

1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: Do I need a lawyer to file for legal guardianship of my elderly parents in Puerto Rico?

I reside in Puerto Rico with my parents, my father is 89 yo with advanced Alzheimer's and my mother is 81 and ambulates with the help of a walker.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 10, 2020

Hello and thank you for using Justia. In Puerto Rico we have tutorship and guardianahip . The major differences is that the first must be Court approved but the other can be done by a Notary Public if both parent's are mentally capable.

If you need additional information please feel...
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1 Answer | Asked in Health Care Law, Family Law and Elder Law for Puerto Rico on
Q: Over 20 years done 100% of the care for 94 year old mother.there are 4 other brother, never done their share help

Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 27, 2019

Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.

2 Answers | Asked in Estate Planning and Elder Law for Puerto Rico on
Q: For a will, Must the parent include all the children in the will
Naomi Jusino
Naomi Jusino
answered on Sep 6, 2018

Dear Reader,

The answer in first hand is yes.

A reason to exclude children is that the Testator disinherit a child in the will. If not, the Will can be contested.

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1 Answer | Asked in Real Estate Law and Elder Law for Puerto Rico on
Q: Is there an office in PR that can help a senior citizen do a declaratorio de herederos for free or a discount price.

The person lives in Aguada, is on a fixed income needs the help

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 10, 2018

Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.

1 Answer | Asked in Health Care Law, Elder Law and Estate Planning for Puerto Rico on
Q: Is a spouse able to make healthcare decisions if there is no advanced directive or power of attorney?
Miraisy Molina-Ruiz
Miraisy Molina-Ruiz
answered on Oct 17, 2016

Yes, a spouse can make healthcare decisions even when there is no advanced directive or power of attorney.

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