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My brother is currently taking care of my elderly disabled father in PR and is requesting to be paid an unafordable amount in order to do so.
answered on Nov 4, 2024
The rule of law in Puerto Rico establishes a maximum of 10% of the elderly unfit's bank accounts, subject to assignment by the court. In order to claim compensation, your brother must demostrate that taking care of your elderly father has caused your brother financial loss, such as not being... View More 
Even though physical separation of non-custodial parent and child is due to be Active Duty. My husband fears to present a motion to revisit this matter due to child support increase request from custodial parent. Also therapy and medical evaluations were not provided to the minor in all this time,... View More
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answered on Sep 13, 2024
It is possible to revisit a child support and custody arrangement, especially if the current circumstances are not benefiting your husband or his relationship with his daughter. Even though child support was established over 10 years ago, the absence of a formal parental plan doesn't mean... View More
A situation with a divorce and 3 adult children
2 children live in the house old with the mother and the father who lives in another of his properties mentally abuses them all the time making their life miserable also with a strong drug habit that leads in to always ask for money and food... View More
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answered on Sep 2, 2024
It sounds like you are dealing with a very challenging and distressing situation involving abuse, real estate issues, and ongoing threats from a former partner. It's understandable that you and your family feel scared and uncertain about what steps to take next. Even though the abuse... View More
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answered on Sep 2, 2024
When a spouse passes away in Puerto Rico, the status of joint bank accounts can depend on how the account is set up and local inheritance laws. If the account is set up with "right of survivorship," the surviving spouse typically retains access to the funds without interruption. In this... View More
4 siblings inherited a property. 2 siblings have their own properties. 1 sibling put $8,000 into the inherited property and the last sibling is currently living in the property and is claiming that they now own the property all though they are all on the title.
The sibling that put the... View More
answered on Aug 30, 2024
The sibling who paid out $8,000 into the inherited property has the right to recover $6,000 from his/her siblings. If an heir assumes exclusive possession of the property in detriment to the other sibling's inheritance rights, any can go before a court of law to request a liquidation of the... View More
I am unsure if my mother left a will (chances are she did), but how soon after her burial does it take to disburse with the house that was originally purchased by both parents around 1970, but then the father passes away? In this scenario, I understand that the house's worth is split 1/2 to... View More
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answered on Sep 2, 2024
In Puerto Rico, the process of disbursing a deceased person's assets, including real estate, depends on several factors, including whether a will exists and the specifics of the inheritance laws. If your mother left a will, the process to distribute her assets can only begin after the will is... View More
1. The house is in Jardines de Country Club in Carolina, Puerto Rico, 4 bedrooms, 3 baths, needs work and may be estimated to be worth an estimated +/- $150,000.
2. My siblings have cut me out of communications regarding my mother so this is why I believe placing a lien on the house would... View More
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answered on Sep 2, 2024
To file a lien against the sale of your deceased mother’s home in Puerto Rico, you would need to establish your legal right to a share of the property or the estate. Since you believe your siblings are excluding you from communications and possibly from any proceeds, you should start by... View More
Does the living wife inherits 50% of all and the living daughter inherits the other 50% or is a different distribution? (Bank accounts balance)
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answered on Sep 2, 2024
In Puerto Rico, when a person dies without a testament (intestate), the inheritance is distributed according to the Puerto Rican Civil Code. If a father dies without a will, leaving behind a wife and a child, both are considered heirs. However, the division is not always an equal 50-50 split.... View More
Can child support arrears be erased
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answered on Sep 2, 2024
In Puerto Rico, child support arrears typically cannot be erased. Once a child support order is established by the court, any unpaid amounts accumulate as arrears and remain enforceable until paid. Courts generally view child support obligations as crucial for the welfare of the child, and they are... View More
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
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
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
Mi hija de 16 años trabaja un part time puedo dejar de pasar la pension alimenticia de ella
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answered on Jun 10, 2024
Aunque tu hija de 16 años tenga un trabajo de medio tiempo, esto no necesariamente significa que puedes dejar de pagar la pensión alimenticia. La obligación de pagar pensión alimenticia generalmente se basa en las necesidades del menor y no en sus ingresos. En muchos lugares, los menores de... View More
She lived in Puerto Rico and has 6 children, but wants to leave her home to me can she do that without having to leave her home to her children?
answered on May 23, 2024
So long as your grandmother (a) leaves a valid will in Puerto Rico, and (b) has enough assets in her estate to address her children's legitimate inheritance, she may. A person who testates in Puerto Rico may freely dispose of half of his/her estate (called the free disposition half), leaving... View More
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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... View More
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
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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
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answered on Mar 11, 2024
Yes, alimony (also known as spousal support or maintenance) can be ordered in Puerto Rico following a divorce, just as it can in U.S. states. However, there are a few important points to consider in your situation:
1. Time since divorce: In most cases, if alimony was not originally ordered... View More
My greataunt passed a few months ago. We notified the creditors and tried to cancel all cards. She left a will but the money she had was used for funeral and medical expenses in the months she was sick. She did leave some land though. Can the heirs in the will inherit the credit card debt? I know... View More
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answered on Feb 28, 2024
According to Puerto Rico law, credit card debt is generally not inherited by heirs named in a will.
Specifically, Article 584 of the Puerto Rico Civil Code states that heirs are only responsible for a deceased person's debts up to the value of the property they inherit.
So if... View More
I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More
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answered on Feb 24, 2024
In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More
He is a mature teenager
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answered on Feb 1, 2024
The laws regarding leaving a 16-year-old child home alone after school can vary by jurisdiction, and Puerto Rico may have its own specific regulations or guidelines. It's important to check with local authorities or consult an attorney in Puerto Rico who is knowledgeable about family and child... View More
We are all on agreement to sell the house except my deceased bothers’s kids. They never lived in PR, they live in the states. Can we sell the house without their consent? We are definitely giving them my brother’s portion of the sale.
answered on Jan 4, 2024
You cannot sell an hereditary estate when one or more heirs are against the sale. It has to be a unanimous consent; or else, you'll need to go before the Puerto Rico Courts. This would be the legitimate way to anull your nephews' and/or nieces' lack of consent. Living in the states,... View More
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