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Puerto Rico Questions & Answers
2 Answers | Asked in Estate Planning and Foreclosure for Puerto Rico on
Q: Are heirs responsible for a parents debt in Puerto Rico?

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?

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

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1 Answer | Asked in Child Support, Civil Litigation and Family Law for Puerto Rico on
Q: Husband is double charged with 2 different child support agency’s. PR and Massachusetts

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How can I revoke a power of attorney from someone who's trying to take my property and Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 10, 2023

You can revoke a power-of-attorney by subscribing a deed poll explicitly identifying the power-of-attorney you wish to revoke. It you live in the states, the poll deed must identify any real estate included in the original power of attorney. (a) The protocolized deed poll must be filed with the... View More

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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: can a grown up ward of a guardian leave said guardian?

Ive been living in Puerto Rico with my grandmother for the last 5 years, when i came down to pr my parents were in a bad spot and could not properly take care of me, i told her everything and she put me under a guardianship with her, the last time i was informed on what was going on with the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2023

A person comes of age in Puerto Rico at 21. What your grandmother has told you is not correct nor is it legal. If you're already 21 years of age or older, you are legally capable of making your own decisions and leaving, if you wish to do so.

If you're studying in college, you do...
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1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: My uncle passed and left no will, no children, and no spouse. His brothers filed a declaration of inheritance.

The brothers have been named the heirs. Does that now make them legally responsible to pay the mortgage on the house he owned? If they do not pay the mortgage and let the bank foreclose will their credit be affected?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2023

Succession Rule of Law in Puerto Rico states that your late uncle's estate is made up of his assets and his liabilities. Therefore, any mortgages and liens on real estate property would also have to be assumed by your late uncle's siblings. If the outstanding debts exceed the... View More

1 Answer | Asked in Child Custody for Puerto Rico on
Q: Can I work as a 19-year-old son who is receiving child support in Puerto Rico? If so, how many hours?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 15, 2023

Puerto Rico labor laws allow for minors to work, so long as it's no more than 20 hours per week. Beyond that, the minor's legal guardian or parent must submit a request for authorization with the Puerto Rico Labor Department.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: In Puerto Rico can you add a family member or a partner to be a cowner of a property you inherited.

I don’t live in PR but I want to have a cowner to a property i inherited.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 13, 2023

As a general rule, whether you have an proprietary interest in an hereditary estate or whether you are the sole owner of said inheritance, you can cede, donate, or sell part of your participation or all of it, by way of a deed subscribed before a notary in Puerto Rico. Nevertheless, if you are in... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: We have a past HOA secretary that will not turn over past documents. How can we get her to turn them over?

She was asked following her term in 2018. Recently since May of last year she has been asked again repeatedly. She says she has them but shrugs it off as forgetting to bring them when she is on site. These are important to our history and what decisions were made in the past. We are in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

If the HOA covers a condominium, the first forum would be to go before the Department of Consumer Affairs. If it is a closed urbanization or community, you could file a lawsuit against the former secretary before a court of law. However, before taking that drastic of a measure, the current... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Property in Puerto Rico that a lawyer was to register but CRIM can't find it, how should I proceed. I have documents.

I have documents from notary and register and fica number. How do I proceed, CRIM says candastre number but i can't find that number on receipts. I don't think he completed the task fully. What should I do?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

You can bring to CRIM the previous owner's social security # (which the attorney should have, since he should've also filed the change in the property's ownership before the Puerto Rico Treasury Department (“Planilla Informativa sobre segregación, agrupación o traslado de Bienes... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: No heirs to an abandoned home.

I have lived in this neighborhood for 6 years now and the home in front of mine is my neighbors daughter who passed a long time ago. I'm assuming there are no heirs but i'd like the property to be mine. How do I go about asking my neighbor about maybe getting the home?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

It may not be so simple. The Puerto Rico Civil Code states the order of an intestate succession: if the deceased owner left no descendants, and had no spouse, it would go to the deceased parents. If these are no longer living, it would go to the deceased siblings, nephews, and nieces, if none are... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How much should heredity proceedings cost in the absence of a valid will in Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 9, 2023

You do not provide enough information to answer your question. Several factors that affect the costs are: how many heirs are there? Are they all alive? If any have died, did he/she leave descendants? Are these descendants all alive? Are any heirs minors (underage)? Did the deceased leave bank... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Who can represent me regarding a property inheritance and sale negotiation in Puerto Rico, if I live in NY?

My uncle and father co-own two houses and land in Puerto Rico. My father died several years ago and his lawyer has contacted me requesting my birth certificate to finalize the inheritance. My Uncle also wants to negotiate buying my half of the property. Can I contact a lawyer in Puerto Rico to... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 1, 2023

You can retain the services of an attorney in Puerto Rico, even if you live in New York. You do not state who hired the attorney who requested your birth certificate. Neither do you mention whether you're an only child or whether you have siblings. It seems that your late father did not leave... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Puerto Rico on
Q: What is the process of recovering escrow held by the government at the closing of a house in Puerto Rico?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

I need additional information before I can answer your question. When was the sale closed? What state do you reside in? If you live outside Puerto Rico, the local Revenue Code requires that a 15% retention be automatically made against sales proceeds for non Puerto Rico residents. This retention is... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I find out in records where my father left the land and house to my brother daughter and me?

It’s a home and land in Rio Grande Puerto Rico. Wish to build on land but I’m getting the runaround. They harass my brother who has a mental disability. I want to build a home that is modern and secure for him and myself to stay in with no problems from the rest of the family. I’ve requested... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

The information you require may be found in the Puerto Rico Property Registry. You'll need your father's full name and the location of the property. If you have the plot ("finca") number would be so much better, as well as the cadaster number under which the real estate is filed... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can a Real Estate lawyer represent my father in PR for the whole process of selling a property? He's 87 yo.

My father is 87yo and would like to avoid going anywhere to sign documents etc. Related to a sale of a property he owns. How much +/- it will cost?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 30, 2023

An attorney in Puerto Rico can represent your father for the purposes of selling real estate property, so long as your father is in full possession of his mental faculties and grants a power-of-attorney to authorize the Puerto Rico attorney to represent him in the sale. The power-of-attorney must... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Can my ex-spouse re-request child support in PR after my child turns 18 - IF our custody order was created in a US state

We had a child custody order, and I maintain jursidiction in my state. She moved to PR with child. Based on my state, child support will end at 18. After it's completed, can she in turn file for child support in PR upon my child turning 18 as a new child support case?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 29, 2023

First off, she must reside in Puerto Rico with your child for a year, in order to demostrate residence. Once Puerto Rico is the state of residence, adulthood is achieved upon reaching 21. So long as you pay child support, you can present the case to the court or to ASUME (the Administration for... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: En su testamento, mi padre me nombra albacea con expresión relevo de fianza y sin límite de tiempo con facultad para

Cobrar rentas, utilidades, administrar y tomar medidas de protección del caudal. También añade facultades extraordinarias para la ejecución del testamento de vender. ¿Con esa facultad extraordinaria de vender, puedo vender solo con la autorización verbal de los otros herederos forzosos sin... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

Buenas tardes. Antes que nada, una vez fallecido su padre, son dos pasos que debe llevar a cabo: Primero, debe levantar un inventario del caudal en los primeros 30 días siguientes al fallecimiento, para tener una idea de lo que dejó. Segundo, debe acudir al tribunal para solicitar cartas... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Puerto Rico on
Q: I a 68 y/o lady suffering from the sequela of an assault at an Égida. Can I sue the landlord for damages? Thank you

I have lived at the privately owned/ government subsidized Égida for moderate income seniors for 5 yrs. and had complained to the mgmt./ landlord , for months, about my 4 attackers for harrassment and the lack of security cameras.The physical assault , per se, occurred Nov/24/2022 @ 7:16 pm and I... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

You can sue on or before November 24, 2023. The statute of limitation for this cause of action is one year after the events. I advise that you retain an attorney, who may extend the term by notifying the landlord by way of an extrajudicial letter.

You may procure legal representation...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Contracts for Puerto Rico on
Q: Hoa issues in Puerto Rico

The Hoa president is now requiring all those that rent subscribe and acquire a hotel # whether you a business or not n also charging a fee of $150:for damages of guest. First can she force you to register and ask for the # and can she collect a damage fee per guest?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

There is no way to address your question for lack of additional information. I recommend that you revisit the rental contract or sales deed (as may be the case) and peruse to identify what is said regarding future additional fees. If you signed a contract or deed that includes the possibility of... View More

1 Answer | Asked in Real Estate Law and Family Law for Puerto Rico on
Q: How can my mentally disabled sister transfer 75% of shares of the house and land willed to her by our deceased parents?

My father’s will gave my mentally disabled sister 75% of the house and surrounding land in Puerto Rico with the balance divided evenly between me, my other 2 sisters and my brother. However because she can’t live alone (my father was taking care of her on the property) she wants to give me her... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 22, 2023

The only way to achieve this would be through a court authorization. Puerto Rico Civil Code presumes that all adults are judicially capable to make their own decisions. In the case of mentally disabled adults, a lawsuit must be filed with the court to legally incapacitate your sister and assign her... View More

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