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My parents were told they have to make two living wills separately even though they are married. We are three children in total, one of which is my mothers child from a previous marriage. Both my parent's name are in the house documentation.
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answered on Sep 5, 2023
A "living will" is an advance directive that expresses one's wishes with respect to end of life medical decisions. My guess is what you meant to write was "last will and testament" or simply "will". It is very uncommon for a married couple to make a joint will... View More 
answered on Aug 29, 2023
Assuming that your late father lived and died in Puerto Rico, and having a copy of your father's death certificate, a request can be made to the Office of Notary Inspections ("ODIN", by its Spanish acronym), with whom are filed all the wills subscribed in the Commonwealth of Puerto... View More
Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.
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answered on Aug 22, 2023
When selling a house in Puerto Rico and utilizing power of attorney, the lawyer's request for copies of the grantors' driver's licenses is likely for the purpose of verifying the identities of the individuals granting power of attorney. This practice helps ensure the legitimacy of... View More
Separated for years! Perhaps now she’s a forced inherited? She’s an alcoholic, mentally unstable and unable to understand. How can the other living sibling take her out of the forced inheritance to be able to sell the house?
answered on Aug 29, 2023
If the deceased sibling died after November 28, 2020, his spouse inherits along with any descendants he may have left. Now, if the deceased sibling died before November 28, 2020, his spouse would still inherit an annuity equal to a simple share of a third of his estate, equal to what any other heir... View More
The lawyerI used who was also a notary was disbarred in 2014.
answered on Jul 19, 2023
Getting a copy of your deed from a deceased attorney in Puerto Rico is complicated. First, you must contact the district or region on the island where the attorney used to practice, called the Notarial Archive ("Archivo Notarial"). Then, after several days of searching for the deed, they... View More
We have never gone thru ASUME, but my Ex continues to tell me that I am obligated to cover all of the cost that I would have to as if we did go thru ASUME. She lived in PR with my daughters, and I live in NJ. I pay my monthly amount and then some when I can. My oldest daughter is 17 turning 18 in... View More
answered on Jul 18, 2023
The court order trumps ASUME. The Administration for the Sustenance of Minors (ASUME) is the Puerto Rico government agency by which Puerto Rico enacts the Uniform Interstate Family Support Act of February 9, 1993. There may be a benefit to paying through ASUME, in that they can certify that... View More
We have spoke to all the neighbors in the area and found the owner to be deceased and the place has been empty for about 6 years or since Hurricane Maria. How can we take the property in good faith. What actions need to be taken.
answered on Jul 18, 2023
Under Puerto Rico Rule of Law, you would need to be in pacific possession of said real estate property, openly, and (in the mind of your neighbors) as if you were the owners of said property. This would need to continue for 20 years, the go before a court of law to request said adverse possession... View More
My father and mother were gifted (via Escritura), a piece of land with a house built on it by them in Isabela, PR by my Paternal Grandmother in 1983. The property was registered but as far as we know from bills from the CRIM and Property Registry they only show my father's name on the... View More
answered on Jul 18, 2023
After November 28, 2020, Puerto Rico rule of law determines that the heirs of an estate are the deceased's spouse and children. Before that date, the estate belongs to the deceased's children with an inheritance lien in favor of your widowed mother (called in Spanish, "la cuota... View More
She still lives in Puerto Rico, and I would like to build her a home on a different property that my brother owns and would like to use some of the monies for the build would I still pay a capital gains tax?
answered on Jul 15, 2023
Unless either real estate property is your primary residence, you'll be paying property taxes. Furthermore, if you reside outside Puerto Rico, the sale of either or both real estate properties will be subject to a 15% retention of the sales proceeds, which will be deposited with the Puerto... View More
Mother died in Nov 2022 & step-father (who never had biological children) died the following Apr 2023. They left $12K in savings & home with an existing morgage. Four adult children (2 sons & 2 daughters) and dead spouse are currently named in the Certificado de Herederos. Two... View More
answered on Jul 12, 2023
Any repudiations must be formalized through a deed poll subscribed by the heir who rejects his/her inheritance. If an heir is gaslighting you, you'll need to take the case before a court of law. Who'll either order the heir to formally reply whether he wishes his inheritance or not. If... View More
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answered on Jul 11, 2023
Your question cannot be answered without actually reading the will. Sometimes the will specifies what happens if an heir predeceases the testator. Sometimes it does not.
answered on Jul 12, 2023
If they inherit from their grandmother by representation of their late mom, they are also heirs, and thus must agree to the sale. Should they be under 21 years old, you'll need to procure court authorization to sell the real estate.
The land in question was given to us with documentation; Escrituras, segregated and Registered at the Property Registry through a Notary (lawyer) one of my siblings recently filed for a 'Cambio de Dueño" I noticed on the Global Catastro that when they processed the change, they left the... View More
answered on Jul 10, 2023
I'm assuming the change in ownership to which you refer is with the Puerto Rico Municipal Income Collections Center ("CRIM", by its Spanish acronym). When more than two owners are involved (i.e., when a community property is filed with CRIM), there are two forms that should be used.... View More
My brother was never married and he didn't leave a will. No one has ever cosigned for him. He doesn't own any property and was living in my Moms house. His only assets are his two bank accounts. One of the accounts paid the funeral expenses but there could be some money left in that... View More
answered on Jul 10, 2023
First off, I regret your loss. Did your brother have any children? If not, are either or both of his (your) parents alive? If so, your parents would be his heirs. If your parents have passed, then you and any other siblings that you may have would be the heirs.
In order to file a Petition... View More
Landlord will keep security deposit for breach of contract but still wants me to pay the full amount of the lease term. Landlord has a new tenant in the unit. Can the landlord legally ask me for money while receiving money from the new tenant?
answered on Jul 6, 2023
Your question does not state if the lease contract was signed in Puerto Rico. Nevertheless, what's valid is not whether he leased the residence to a new tenant, but rather what you agreed to in your lease contract. If said contract has a penalty clause for early termination, then your ex... View More
answered on Jul 6, 2023
My first stop would be with the Property Registry. Request a registry certification with tract history for the property. You'll need the lot ("finca") number and the demarcation (where the property is located), and it'll let you know if the property has been foreclosed and... View More
Case of an injury in a commercial place
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answered on Jul 3, 2023
It is generally referred to as a contingency fee arrangement, where the attorney's fee is contingent upon the successful resolution of the case. The specific percentage can also vary depending on factors such as the complexity of the case, the jurisdiction, and any agreements made between the... View More
I am in the process of filing for a change of ownership for a property that was left to me by my father prior to his passing. the Escrituras for myself and 2 other siblings were completed years ago, the land was segregated into three parts, in each of our names. Recently, one of my siblings filed a... View More
answered on Jul 6, 2023
Your first step would be to procure a registry certification from the Puerto Rico Property Registry. If the segregation was filed with the Registry, the original lot (finca) will identify the three lots. You do not state whether your late father left his will or whether he died intestate. If a will... View More
My father who was a resident of Puerto Rico passed away. He had a house where the mortgage was more than the value of the house. The house is going into foreclosure and will likely not bring much money. Am I responsible for that debt or does the debt stop with the value of the estate?
answered on Jul 6, 2023
The Rule of Law in Puerto Rico for hereditary estates is that the heirs, having accepted their inheritance, subrogate themselves in the deceased place regarding the estate's assets and liabilities. If an estate is more debt than assets, the heirs may repudiate their inheritance. Be advised... View More
My husband has a son who is 20 years old. He resides in Massachusetts since the age of 5. The mother had an order of child support through assume but when she moved to Massachusetts, she opened on there. We paid child support to her trough Massachusetts and once the child turn 18 it stopped. But... View More
answered on Jul 6, 2023
If you live in North Carolina, I suggest that your husband retain the services of a Puerto Rico attorney. So long as ASUME is not informed that the 20 year-old's case was transferred to Massachusetts, they'll continue recognizing the amounts owed and surcharges will continue to... View More
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