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1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 20 years old and joined the armed forces, do I continue paying child support in Puerto Rico?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 6, 2019

Hello and thank you for using JUSTIA. Unless he has been emancipated under law, he is still a minor thus child support payments will continue. You must request emancipation. Once your son is emancipated, you then have to file a Motion in Court for the elimination of the child support order.... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: i live in Puerto Rico and owe child support in michigan will michigan have me extradited from Puerto Rico ?

if it's a felony child support warrant

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 2, 2019

Hello and thank you for using JUSTIA. A felony warrent can be executed in Puerto Rico if Michigan files a request thus in theory yes you can be extradited. Your best bet is to hire an Attorney in Michigan and have the case cleared up. You may be able to set up a payment plan and avoid extradiction.

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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.

Jose Rivera
Jose Rivera answered on Nov 30, 2019

If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.

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2 Answers | Asked in Family Law for Puerto Rico on
Q: My Daughter in law is 18,her mother wants to see her but she refuses to see her,can a judge obligate her to see her mom?

Her mom took my son to court saying he won't let her visit but this isn't true,only not at our home because she is a problem person

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 24, 2019

Hello and thank you for using JUSTIA. Being a minor of 18 years old the Mother still has legal custody over her. Unless your son and her are legally married or she is legally emancipated, your daughter in law is still a minor under the custody of her parents. It is very unlikely that a Judge will... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: If I have a property in PR that I want to give to my cousin how much does it cost to transfer ownership.

The property was purchased in full and doesn't have a mortgage.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 22, 2019

Hello and thank you for using JUSTIA. You can find your answer using the following calculator;

http://www.fianzanotarialpr.org/calnota/

This link Will allow you to figure out the total costs of the transacción you wish to do.

If you need additional information feel free to...
Read more »

2 Answers | Asked in Estate Planning and Probate for Puerto Rico on
Q: My uncle passed away about 5 years ago , my dad is only surviving sibling. How can my dad gain the rights to those funds

Pertaining to property and bank accounts

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 20, 2019

Hello and thank you for using JUSTIA.In order for your Father to inherit from his brother, your Uncle, the

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1 Answer | Asked in Trademark for Puerto Rico on
Q: Can I trademark my DJ/music producer name as intent to use.

Im getting started in the music industry as a dj and I figured out a name that was available in all social media and the .com Can I trademark it?

Jason Brooks
Jason Brooks answered on Nov 19, 2019

Yes - if you are not actually performing under that name yet a good practice is to file on an "Intent to Use" basis, until such time as you are actually using the name. If you can show that you are actually performing under the name now, you can skip the Intent part, and go right to registration... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: What's needed to request a parents medical records and permission to be notified in PR if spouse is Health Care Proxy.

My wifes father is in Hospice (because doctors decided to stop treatment) in the VA in San Juan, PR. He lives there and we live in New York but currently down in PR. His wife, not our parent is the health care proxy and is trying to shut out his 3 daughters. She even filed a complaint at the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 13, 2019

Hello and thank you for using JUSTIA. In order for anyone to get the récords of a veteran, you need written authorization from said veteran. The document needed is found at the following link;

https://www.va.gov/vaforms/medical/pdf/vha-10-5345a-fill.pdf

This Will allow you to...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 6, 2019

Hello and thank you for using JUSTIA. The applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal... Read more »

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2 Answers | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: My dad has property in Puerto Rico. He is now in a nursing home in NJ. Will we lose the property? What can I do to claim

I would like to know if notorized letter is signed in NJ will it help with changing name on property in PR. Not sure, what I need to do as my father is now in a nursing home. He never fixed the right papers to leave me the property. I don't know if the property will be lost?

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 5, 2019

No, a notarized letter is not sufficient to transfer real property. You need a properly drafted deed signed and notarized by your father. First you'll need to determine the ramifications of a transfer. Will this effect medicaid /medicare, will it be a taxable gift, does he have an estate plan,... Read more »

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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My Mother passed & we found out she has a few thousand in her bank acct. What is needed from the siblings to close acct?

Is there a process for closing the account and distributing the funds? The bank said a letter is needed from siblings. We want to use the money to fix my moms house.

Jose Rivera
Jose Rivera answered on Nov 3, 2019

Greetings

Yes, there is a court process that will help on distributing the funds, bonds, stock or property any property that belong to your late mother. This will allow you and your siblings to release the funds from the bank. If you have any other questions please feel free to contact me...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What are the steps to take to purchase a house inherited by my aunts and uncles? How much for a praise, a lawyer & fees

The house is destroyed the owners were my grandparents I grew up in the house. My uncles and aunt are the inheritance of the house, family members would like to give me their part as gift others want money. What can I do to get the paperwork going and take ownership of this destroyed house. Who do... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 3, 2019

Hello and thank you for using JUSTIA. The legal process requires that first the property must go into the names of the inheritors. For this you will need to do a Declaration of Inheritors for your Grandfather and another one for your Grándmother. This created two Estates and the registraron of the... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: As a 16 year old can I refuse to go to my dad’s house?

My parents have joint custody, I’m on week with my mom I’m Humacao, and another with my dad in Caguas. I’ve been trying to convince my mother to ask for full custody for over two years now but she always puts it off. At this point in desperate, can I just decide not to go to my dads house? My... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 2, 2019

Hello and thank you for using JUSTIA. No you cannot decide but your opinión does count. The Court will take your opinión into consideration but only if your Mother requests full custody.

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1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Puerto Rico inheritance question--succession of heirs and distribution of real property.

My sister has dementia and will pass shortly; in total, we are 5 siblings. She does not have a will/testament, nor does she have a surviving spouse or children. There is however, an estranged grandchild that lives somewhere on the island. Is the grandchild first in line for distribution of her... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 30, 2019

Hello and thank you for using JUSTIA. No the Court will not do anything. If the grandchild never claims his inheritance then it is Lost. The siblings become inheritors only when your sister has no remaining inheritors (greatgrandchildren.) If no inheritor claims then the Government of Puerto Rico... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: I live in florida and my daughter lives in puerto rico i had another baby that i am providing for can i lower my payme
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 28, 2019

Hello and thank you for using JUSTIA. This all depends on what your available income is after the other child support payments have been issued. You will need to show that you are required to pay child support in another jurisdiction.

If you need additional information feel free to contact...
Read more »

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2 Answers | Asked in Child Support for Puerto Rico on
Q: Does my husband need to continue child support ? Puerto Rico

My husbands son is 23 . All of his friends graduated with a bachelors degree a year ago. His son is taking over 5 yrs for college because he has only been a part time student(he started college at 18yrs old) . He should be a full time student since he does not and has not ever had a job or any... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 26, 2019

Hello and thank you for using JUSTIA. The case law on the matter of continúed child support after the age of majority (21) when said child is continuing his studies is found in Key Nieves vs Oyola Nieves 116 DPR 261. In said case the ruling contains the requisits needed to continue said child... Read more »

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: If an 18 year old born in PR and moved to FL wants to move with Dad to PR, which still minor in PR, can he do it?

Dad agreed signed for her son to move with Mom to FL, but he turned 18 and wants to move back to PR. He is a young adult with Asperger (fully functional). Would it be better for the lawyer to be hired in FL or PR to fight the custody? Will he still considered a minor in PR until the age of 21 and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 25, 2019

Hello and thank you for using JUSTIA. The jurisdiction over the custody matter belongs to Puerto Rico since the original custody case was filed in Puerto Rico when the Father authorized the Mother to have custody as per the Uniform Interstate Family Support Act (UIFSA). This would render your son a... Read more »

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2 Answers | Asked in Child Custody for Puerto Rico on
Q: My child has lived with me since she was 5 ms old & her father has been of unknown whereabouts since then do I still-

Do I still need custody papers even though he's been missing all this time, we were not married and his family claims to not know where he is?

Last address I'm aware of was in a prison in Pennsylvania and that's it. He hasn't paid child support in years and I can't locate his mother and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 25, 2019

Hello and thank you for using JUSTIA. You will need to file a Petition for Custody and Patria Potestad in the Court of your residence. For this you will need to hire an Attorney and will need a certified copy of the childs birth certificate. If you need additional information, please feel free to... Read more »

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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Who gets the money to provide for 18 and 19 year old?

My ex from PR send child support money for my kids to my mother, who has legal custody. My son lives in New Jersey is expected to live with me and my daughter lives with me

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 20, 2019

Hello and thank you for using JUSTIA. The child support payments are for the children thus said payments should be sent to the person whom has the physical custody of the children in other words where the children actually live. For this to happen, you will need to file a petition in the Court to... Read more »

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: People are living in our property in P.R. without permission.

It's been a little bit more than three years that we haven't gone back to Puerto Rico we live in the state of Florida basically all of our childhood we tried to go to PR every year but unfortunately we were not able to go after 3 years when we went back for vacation we noticed that there were... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 20, 2019

Hello and thank you for using JUSTIA. The legal process needed is known as " Desahucio". It is a Court procedure by which the registered property title holder request from the Court the eviction of squaters from the property.

You Will need to file a petition in the Court for eviction of...
Read more »

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