Jose M. Rivera Santos Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2022

Greetings:

The case belongs to the jurisdiction of Puerto Rico.

Since the case was filed there, the agency has the prerogative to keep jurisdiction and supervise it till its very end.

Legal age in the jurisdiction of Puerto Rico is reached when the dependent turns 21 years... View More

The Puerto Rico Treasury Code requires that the 15% retention of amounts due to a Seller living outside Puerto Rico be retained at the point of origin by either the bank financing the sale or the notary authorizing the sales deed. Failure to execute this mandatory retention would cause the Treasury... View More

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... View More

Typically, inheritance or probate norms vary depending on where the real estate assets are located. In the case of Puerto Rico, specific inheritance laws are in effect. You need to have a PR-licensed attorney look into your estate, given that we have what is called "forced heirs". The... View More

Pursuant to Puerto Rico’s Civil Code, all of your late mother’s children have an hereditary interest in her entire estate.

Assuming that your parents did not have a prenup in place during their marriage, their house in Puerto Rico was jointly owned by both under a legal joint community... View More

What you say is not entirely correct.

As a rule, there is no inheritance tax applied. Once the declaration of heirs has been issued by the Puerto Rico courts, you need to procure a certification of value and a certification of debt from CRIM. With these certifications and a copy of the... View More

For the sake of discussion, I'm assuming that the vehicle was purchased and is in use in Puerto Rico. Regulation 7159 of the Puerto Rico Consumer Affairs Department (DACO) states the following warranties are in effect, based upon the mileage of the car:

* Up to 36,000 miles, 4 months... View More

It´s impossible to give you a straight answer without looking at the will. It will also depend on when he passed away, assuming he did already. You should consult with a probate or inheritance attorney.

You may donate the real estate property by subscribing a deed. You may do so from the states, in which case, the original subscribed poll deed would need to be protocolized in Puerto Rico. Under this scenario, your niece would need to grant a donation acceptance poll deed.

In the... View More

Although you're residing in Puerto Rico for a year does grant Puerto Rico courts jurisdiction over your child, you should not ignore the summons from a New York court. I recommend that you contact an attorney authorized the practice of law in New York and have him or her counsel you regarding... View More

Under the Puerto Rico Civil Code, if the house was acquired while your parents were married with no prenup, the house actually belonged to the joint conjugal partnership ("sociedad legal de gananciales") formed by your father and mother, which is a legal entity separate from either... View More

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... View More

The answer to your question depends on several factors. For example, if the buyer requires to take out a mortgage to purchase the property, the financing institution will require a recent property survey to have a clearer understanding of the property's value. Even if the buyer has the... View More

Your mother died under the old Puerto Rico Civil Code of 1930. I'm assuming that the house you speak of was the marital house in which you dad and your mom lived. Should that be the case, your dad is probably 50% co-owner of said property; and the other 50% would belong to your mother's... View More

The first step to taking possession of the real estate property is by establishing whether your late father had granted his Last Will and Testament before dying. Else, I would recommend going before the Puerto Rico courts to petition a declaration of heirs. Once either the Will or the court's... View More

I'm assuming that your in-laws live in Puerto Rico; else, I cannot help you. You tell me that your in-laws have three offspring. For the sake of discussion, I'm assuming that none are minors nor incapacitated. The Puerto Rico Civil Code establishes that -absent a will- all three have... View More

At the very least, you certainly have a right to a credit of the $30,000 you spent repairing the property; provided that you have the receipts to prove such expenditures. Regarding any further rights that you may have on your grandmother's and/or your mother's estates, several questions... View More

Several matters need to be addressed through your question. First of all, what you and your brother have are an "pro indiviso" interest in the property, which means that you may only sell your share of the real estate property; but you cannot sell the entire house: not to your daughter;... View More

Perhaps. First of all, the deed would need to be verified to determine whether the property acquired by your grandparents was merely a plot of land or whether it included a building. Having deceased both your grandparents, you'll need to go through the succession (probate) process to establish... View More

Before addressing the matter of the estate left in Puerto Rico by your late father, a certified copy of your father's will, issued by a Massachusetts probate court, needs to be protocolized via a poll deed by a Notary authorized to practice Notary Law in the Commonwealth of Puerto Rico. The... View More