Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: My ex and I co-signed for his car and now he filed for bankruptcy. The auto lender is now expecting me to pay the entire

1 Answer | Asked in Bankruptcy for Puerto Rico on
Answered on Jun 18, 2018
Timothy Denison's answer
The answer should be Contained in your divorce and separation agreement. You may be able to use the contempt power of the court. You’ll need to consult a bankruptcy attorney who can guide you through the technicalities involved.
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Q: My stepdad used the house as collateral in his personal loan now that he passed away my sister and I are wondering how

3 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The house responds in the event the loan goes into default. Even though it was a personal loan the property is collateral of sais loan thus it shall respond for any default. Attempt to verify if said loan had a life insurance policy attached to it so that the loan gets paid off. If no insurance then the property responds and as such any default of said loan will be collected from the propwrty value.
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Q: I'm from Puerto Rico and I pay child support for my 22yr that finish 4yr of college, do I still pay if he keeps studying

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Jun 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. If there is a court order and you son will continue to study then yes until he is 25 years old. If he will not continue to study then you will need to file a motion to the court asking for termination order. You must continue to pay until court terminates the order.
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Q: My grandma is deceased and she donated her house to me. I found out that the deed had her husbands name

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using Justia. You need to visit the office of said attorney. You can also get more information and help finding that attorney by contacting the bar association (Colegio de Abogados) or the Supreme Court.

I doubt it was a donation since she passed away and you had to get signatures from the inheritors. It sounds more like she did an inheritance in life which is not the legal way to do it. What needs to be done is to create an estate by filing a petition in...
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Q: I have a house in Puerto Rico. My step father and mom paid off the house. The house was under my stepfather's wife name.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. My only question is why have you waited six years to ask this question. Of course you can and should petition the court for said signature. As you say "enough is enough". Best of luck.
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Q: In P.R., can a bank foreclosing on a dead mother's home go after the children if they don't want any part of the home?

1 Answer | Asked in Foreclosure and Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Yes the bank can file suit against all the inheritors. However the inheritors can contact the bank and inform them that the inheritors do not accept the inheritance thus they will not be responsible for the note. The bank will then inform you on how to go about resigning the inheritance.
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Q: My mother passed away last year and this year my step dad my sister and I are planning to go and do declaracion De hered

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. That would all depend on whether or not your beloved mother signed on said loans. If she did sign then yes you and your sister respond .
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Q: Can a certified copy of a POA be used in lieu of the original to complete a real estate transaction in PR?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Only the original can be used for the purpose of getting the Supreme Court to certify said POA as a full faith and credit document(Protocolizado). I personally answered this question in another forum to which you subscribed. Please verify.
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Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

1 Answer | Asked in Mergers & Acquisitions, Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. There are various questions you need to be answered before you accept such as is there a mortgage, is this her only property, are there any children (future inheritors), is it tax free, any liens, ect. The first thing you should do is have a title search done to find answers to your questions. Once this has been done you will then know the economical burden if any and if the deed is free and clear of any claim. The next step is to verify the future...
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Q: My father-in law passed & had a Joint bank account with his daughter. 1 other son, how is that divided? No will

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Since he passed away with no will ( intestado) an estate must be created. This is done by filing a petition in court to name all inheritors. Once the court issues resolution, you mst file an inheritance tax return with the local tax office (Hacienda). With the tax release that is issued by the tax department you go to the bank and they will issue a check in the name of the inheritors. Each inheritor is entitled to 50% of the monies belonging to the...

Q: Would ASUME be paid by grandparents when the absent parent lives at home with their parents?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using Justia. Your children should be receiving benefits from the VA since the father is getting benefits. Grandparents are a secondary payee but only if the principle parent in unable to pay. You should contact the VA for payment of child support.
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Q: I want to give temporary guardianship to my mother in law, who lives in Puerto Rico. What document do I need.

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. No this is not correct. You can send said document to her and she will need to visit a Notary Public in Puert Rico to have said document certified as full faith and credit (protocolizado). Said Notary will issue a document and submit it to the Supreme Court which will then issue the POA for all legal use in Puerto Rico.

Q: Ex wants see ex-in-laws will, there's no will, want declaration of heirs, nothing for her, do I have to show it?

2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Your parents estate would not have any thing for them since they are not the inheritors. They have no legal right to receive a copy. Now what you can do is file a motion in the NJ court requesting visitation rights and explain to the court what your ex has done to your children.

Q: Need a legal aid dept. that can assist w/Declaratorio de Herederos in for senior collecting social security in PR

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on May 10, 2018
Ramon Olivencia, Esq.'s answer
Your sister would need to write a will so that she can designate her beneficiaries according to her wishes while making sure to follow the local laws of PR. An inheritance or probate attorney can help her with that.

Q: How can my bother in PR obtain "legal ownership" of the property portion he rents out (it was my deceased parents' home?

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on May 10, 2018
Ramon Olivencia, Esq.'s answer
If the property was located it PR, a Declaration of Heirs has to be filed at the court system so that the "forced heirs" (i.e., the children of the deceased) can be officially declared as the heirs. Also, an Estate Tax Form ("Planilla de Caudal Relicto") has to be filed at the PR Treasury Dept to make sure that there were no taxes owed by the deceased. Finally, a property transfer has to be performed at the Property Registry. Due to the complexities of all these processes, it is highly...

Q: My husband's son lives in Puerto Rico and they do not have a custody arrangement. How can he file for custody?

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear reader:

To file a custody or visitations case, you will have to file in the court of the area where the child lives.

Q: What are the rights of the father when your child was born out of marriage? Who would have the custody ?In Puerto Rico .

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear reader:

In Puerto Rico a child born outside a marriage has the same rights as one born during marriage.

The legal custody is established by the court.

Q: Does the Puerto Rico court take an affidavit aggrement made by both parents in consideration ?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear Reader:

Yes, is can be considered in a custody case as a previus agreement. But if for some reason things change, the court can establish new conditions and reevaluate the custody case or visitations plan.

Q: If I am grantes custody of my children in Florida do I have to appear in court if my ex filed in PR?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear Reader:

If you were summon, the right thing to do is to answer. You can notify to the court that there is a case in FL and that the kids are living there for 6 months or more.

Q: How I can give the whole custody to the other parent?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on May 8, 2018
Naomi Jusino's answer
Dear Reader:

Yes, under the laws of Puerto Rico you can give the custody of a child to one parent or to both.

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