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Puerto Rico Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: What are Ist step to file with the probate court for an estate.

Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2024

Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More

1 Answer | Asked in Tax Law for Puerto Rico on
Q: I’m a 1099 NEC that work for company in Florida remotely from my home in PR. Do I have to pay taxes to IRS as well as PR

I filed taxes from prior year and got a notice saying I have to file in PR and pay taxes as well.

James L. Arrasmith
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answered on Apr 23, 2024

As a resident of Puerto Rico who is working remotely for a company based in Florida, you generally have to pay taxes to both the IRS and the Puerto Rico tax authorities. Here's what you should know:

1. Federal Income Tax: Puerto Rico residents are required to file a U.S. federal income...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: How do probate laws in NY and PR affect each other? My late husband's properties will be in probate simultaneously.
James L. Arrasmith
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answered on Apr 18, 2024

Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More

1 Answer | Asked in Probate for Puerto Rico on
Q: Dad passed 2 years ago,his wife passed6 years ago,willed everything to myself and my sister,left my stepsister out

Is she entitled to claim,in puertorico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

You do not specify to whom was your stepsister related. Neither do you specify when/where both spouses died. Under rule of law, your stepsister would not inherit from her step-parent. Nevertheless, she would inherit from her actual parent. If she was left out of both wills, her parent incurred in... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me
James L. Arrasmith
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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...
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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Rights for Puerto Rico on
Q: Neighbor Balcony above is about to fall - neither neighbor or association board is doing anything. Where can I complain?

Good Day! I live in the Condado in San Juan, Puerto Rico - ocean facing apartment. There is a huge crack in the balcony of my neighbor above me, which directly affects me as my balcony is below. Neighbor and board don't like each other and none of them understand the critical nature of this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

I suggest that you send a complaint letter by certified mail with receipt confirmation, detailing all prior communications, the risk of damage to your property, the risk of danger to passer-bys below, and requiring them to address the matter within the following 15 days. Include photos with the... View More

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1 Answer | Asked in Personal Injury for Puerto Rico on
Q: Can I sue an Airbnb host if I fell and was injured on their property in PR from NYC?

I fell because there was lifted cement that leads to backyard and lost my two front teeth. Someone else in our group fell as well but didn’t sustain injuries

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2024

You can sue the owner of the property where you fell. Puerto Rico rule of law grants one year as the prescriptive term limit within which to take a cause of action before the Puerto Rico courts. You would need to provide proof that the injury occurred in Puerto Rico, by way of hospital records and... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Mom and dad are divorce and both names are on the property in PR, would the property go to my mom if he passes first?

Dad has 2 kids from his first marriage. Mom bought the home while divorced from my dad they remarried and before divorcing again she added him to the property per the lawyer request. If he passes away would my mom be able to sell the property with out any consent from his kids from first marriage... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 4, 2024

Having your parents divorced, the home becomes a community property, whereby both of your parents have an equal stake of 50% each. Upon either's death, the deceased parent's participation in the real estate will go to hir/her legal heirs. Prior to transmitting the succession rights, the... View More

1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: How do I file charges against my husband for adultery if I live in CA but he moved to Puerto Rico with his mistress

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

James L. Arrasmith
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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

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for Puerto Rico on
Q: I am currently being sued by my ex regarding my half of my apartment in Puerto Rico. My ex is claiming that I abandoned

the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More

James L. Arrasmith
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answered on Mar 26, 2024

When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom who is still alive, wants to donate her property and house in Puerto Rico but owes "CRIM", what can be done?

My mom lived in the property and she was still charged by "CRIM", even though it is her only property. She filed for an exemption which she never got an answer back from "CRIM". She wants to donate it to me before she dies and I think it is unfair they charged her taxes, what... View More

Ramon  Olivencia
Ramon Olivencia
answered on Mar 26, 2024

The property tax exemption for residing at the main residence in Puerto Rico is not automatic. It has to be applied for and is only valid until a certain amount, although most residences in Puerto Rico, except the very expensive ones, qualify.

If she has a copy of the receipt of the...
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3 Answers | Asked in Bankruptcy for Puerto Rico on
Q: If my home is declared my Homestead, will the home be exempted if I declare Bankruptcy in Puerto Rico?
Martha Warriner Jarrett
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answered on Mar 24, 2024

The amount of the homestead exemption that you are entitled to claim varies from state to state. I'm a California attorney, but I looked it up on Google and it appears that you are entitled to an unlimited homestead exemption in Puerto Rico. However, before you proceed, you should consult a... View More

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1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: Can I switch name of ownership on a house that has taxes still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been keeping up with and we would like to sell it but we first have to switch it over to our name can we do that while taxes are still unpaid?

James L. Arrasmith
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answered on Mar 13, 2024

Transferring ownership of a property with unpaid taxes can be complicated and may vary depending on the specific laws and regulations of Puerto Rico. However, in general, under federal law, it is possible to transfer ownership of a property even if there are outstanding property taxes owed. That... View More

1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: Does alimony get paid in Puerto Rico?? We've been divorced 20 years. Can she file?
James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My father in law a resident of Puerto Rico passed away recently. A couple of years prior to his passing he had his

daughter open a bank account under her name and he gave her funds to put in it. HIs wish was that when he passed she would distribute the funds per his wishes. Which she did. 2 weeks after his passing someone found a will and is now saying that the money in her account should be part of the will.... View More

Alan Harrison
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answered on Mar 11, 2024

That sounds like an inter vivos gift! Even if it was a joint account with rights of survivorship, that money typically would avoid probate and his daughter would be free to distribute it however she wished (maybe even if she didn't comply with your father in law's directions).

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: I bought a used vehicle in PR. It's been 2 months and it's starting to have many problems. Can I give back the vehicle?

If I can give it back, how long do I have to do so?

James L. Arrasmith
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answered on Mar 6, 2024

When you buy a used vehicle and start experiencing problems, the options available for returning it depend on the terms of the sale and local laws. In Puerto Rico, as in many places, the ability to return a used vehicle and the timeframe for doing so may be limited, especially if the vehicle was... View More

1 Answer | Asked in Tax Law for Puerto Rico on
Q: mom & stepdad pass and left a property & I was wondering if my stepbrother buys me out do I have to pay capital gain tax

they had no will.

James L. Arrasmith
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answered on Mar 4, 2024

When a property is inherited due to the passing of relatives and you are considering selling your share to a stepbrother, understanding the tax implications is important. If they passed away without a will, typically, the property's ownership would be determined by the state's intestacy... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: Can we renounce this property to CRIM so it doesn’t pass on to our children when we pass?

My sister & I are declared heirs & paying taxes to CRIM since our mom’s passing in 2016, but 1 of the properties (land only) is not registered in our name at Prop. of Registry. It’s registered to our grandfather for more than 100 yrs. It was an unresolved matter for mom to register it... View More

James L. Arrasmith
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answered on Mar 2, 2024

In Puerto Rico, dealing with inheritance and property taxes involves navigating a complex legal landscape, especially when property titles and registrations involve unresolved issues from past generations. If you and your sister are considering not passing a specific piece of land to your children... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Puerto Rico on
Q: Is credit card inherited under the Puerto Rico law? I know some debt is but I am interested to know about credit cards.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: How does PR verify or confirm if there are additional heirs entitled to inheritance? is the heir process a civil process

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

James L. Arrasmith
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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

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